Frey v. Clifford

Citations

• 44 Cal. 335
• 1872 Cal. LEXIS 208

Syllabus

<p>Purchaser tor Valuable Consideration under Registry Act.—A mortgagee, in a mortgage given to secure a preexisting debt, is a purchaser lor a valuable consideration within, the meaning of that clause in the Act concerning conveyances, which provides that every conveyance of real estate which shall not have been recorded, shall he void as against any subsequent purchaser in good faith and for a valuable consideration, whose conveyance shall have been first duly recorded.</p> <p>Quitclaim Deed.—A quitclaim deed of “all my right, title, and interest in Sacramento City, Upper California, consisting of town lots and buildings thereupon,” passes the grantor’s interest in his lots in Sacramento.</p> <p>Idem.—Such deed, if made in good faith and for a valuable consideration, and without notice, will prevail over an older deed which is subsequently recorded.</p> <p>Purchase under Mortgage Sale.—A mortgagee who talces a mortgage to secure a preexisting debt, and has it recorded, and forecloses it and buys the mortgaged property at Sheriff’s sale, and applies the proceeds on his decree without notice of a previous unrecorded deed, acquires a title superior to that vested in the grantee in the previous unrecorded deed.</p>