Dyson v. Bradshaw

Citations

• 23 Cal. 528

Syllabus

<p>In an action of ejectment, where the plaintiff in his complaint avers title of the demanded premises in himself, and the answer denies the averment, the defendant has a right to show, on the trial, that the plaintiif has divested himself of the title before the commencement of the action, by executing a deed to a third party, although the defendant does not connect himself with the title of such third party.</p> <p>A deed takes effect only from the time of its delivery, and where a deed is placed 1 in the hands of a third person, as an escrow, with an agreement between the grantor and grantee that it shall not be delivered to the grantee until he has complied with certain conditions, the grantee does not acquire any title to the land, nor is he entitled to a delivery of the deed, until he has strictly complied with the conditions.</p> <p>The right of one who enters upon the public lands of the United States without the consent of the Government, to take possession of and hold more than one hundred and sixty acres, discussed.</p>