Eversdon v. Mayhew

Citations

• 65 Cal. 163
• 3 P. 641
• 1884 Cal. LEXIS 480

Syllabus

<p>nm—Tbust—Conveyance by Trustee. — In 1863, the mother of the plaintiff, then a widow, had possession under color of title of certain lots in the town of Red Bluff, upon which she resided with the plaintiff. In 1866, she intermarried with one Wasson, and thereafter resided upon the premises with her husband and the plaintiff until her death in 1867. She died intestate, leaving her husband and the plaintiff successors to her estate. The town site had been entered at the office of the register of the land office of the United States, by the county judge, in trust for the use and benefit of the occupants of lots, under the acts of Congress providing for the reservation of town sites. In September, 1866, the county judge received a patent from the United States. In March, 1868, the legislature passed an act authorizing him, as trustee, to distribute the lots, and issue certificates of title to the occupants. In July, 1868, Wasson, claiming as heir at law of bis wife, obtained from the trustee a certificate of title in his own name, and afterwards sold the premises to parties from whom the defendant claims title by mesne conveyances. The plaintiff was a minor at the time the certificate was issued to Wasson. Held, that the mother of plaintiff had an equitable title to the lots before her marriage with Wasson, and that it was her separate property; that upon her death her interest vested in her husband and the plaintiff as tenants in common, each being entitled to an undivided half; that the legal title acquired by Wasson inured to the benefit of the plaintiff, and to the extent of her undivided interest was held by him in trust for her; and that a purchaser from him with notice of the equities of the plaintiff acquired no other or greater estate than he had, and took the land subject to the trust.</p> <p>Notice of Equitabee Titee—Bona Pibe Purchaser. — To entitle a party to protection as a bona fide purchaser he must aver and prove the possession of his grantor, the pu