Ellis v. Judson

Citations

• 2 Cal. Unrep. 169

Syllabus

<p>Quieting Title—Parties—Holders of Subsequent Deeds, With Notice.—If one conveys land to another by deed of bargain and sale, then conveys it—or assumes to do so—to another who has notice of the former conveyance and who then conveys to still another, having similar knowledge, he is neither a necessary nor a proper party to a suit to quiet title brought subsequently by the grantee named in the first conveyance.</p> <p>Vendor and Vendee.—Subsequent Grantee With Notice.—If one conveys land to another by a deed of bargain and sale and then conveys it, or assumes to do so, to another who has knowledge of the first conveyance, this other takes nothing; a fortiori, the assign of this other takes nothing.</p> <p>Quieting Title—Defenses—Subsequent Purchaser With Notice. To maintain his title against the grantee of A, B, who with knowledge accepts afterward a deed from A of the same property, cannot set up a failure by the first grantee to pay A the price agreed.</p> <p>Appeal—Order for New Trial—Conflicting Evidence.—In a ease where the evidence was conflicting an order for a new trial is not to be disturbed.</p>