Duff v. Randall

Citations

• 116 Cal. 226
• 48 P. 66
• 1897 Cal. LEXIS 529

Syllabus

<p>Voidable Conveyance—Fraud of Attorney in Fact—Protection of Bona Fide Purchase,r.—Where a conveyance is invalid as to the grantor by reason of the fraud of an attorney in fact who has authority to convey, it is not absolutely void, and a bona fide purchaser from the grantee, for value, without notice of the fraud, will hold the title as against the grantor and his heirs.</p> <p>Id.—Bona Fide.Purchaser at Foreclosure Sale—Lis Pendens Prior to Deed of Sheriff. —The purchaser under foreclosure of a mortgage against the grantor in such conveyance, who has paid the purchase money and received the certificate of sale without notice, is protected as a bona fide purchaser as against the heirs of the grantor, notwithstanding the filing of a lis pendens in a suit by them to set aside the conveyance for fraud of the attorney in fact, prior to the execution of the sheriff’s deed.</p>