Foorman v. Wallace

Citations

• 75 Cal. 552
• 17 P. 680
• 1888 Cal. LEXIS 583

Syllabus

<p>Conveyance—Bona Fide Purchaser — Consideration—Pre-existing Indebtedness. — A conveyance in consideration of the cancellation of a pre-existing indebtedness is a conveyance for a valuable consideration, within the meaning of section 1214 of the Civil Code.</p> <p>Id.—Execution Purchaser—Judgment Creditor—Priority-^Unrecorded Deed—Certificate of Sale First Recorded. —A judgment creditor who, without notice of a prior unrecorded deed from the judgment debtor, purchases the land of the latter at the execution sale, is a bona fide purchaser, and if his certificate of sale he first recorded, is entitled to priority over the grantee under the prior deed, notwithstanding the latter deed is recorded before the issuance of the sheriff’s deed.</p> <p>Id. — Recording Certificate of Sale—Notice. —Duplicate certificates of sale of real property by a sheriff are entitled to he recorded without acknowledgment, and after being recorded are constructive notice to all the world.</p>