Garber v. Gianella

Citations

• 98 Cal. 527
• 33 P. 458
• 1893 Cal. LEXIS 954

Syllabus

<p>Conversion op Wheat Crop—Rights of Grantee op Land—Unrecorded Lease.—In an action for the conversion of wheat, where the plaintiff claimed title thereto by virtue of his ownership of the land, subject to a lease to a third party, and the defendant claimed the wheat by virtue of a lease executed by him to such third party prior to the acquisition of the land by the plaintiff,' it appearing that the plaintiffs grantor had theretofore 'leased the premises to the defendant by an unrecorded lease, and that he in turn had leased them to such third party for an interest in the crops, but that the plaintiff knew nothing of the lease t<j the defendant, or that defendant was the lessor of such third party when he purchased the land, having been informed merely that he was not to disturb the possession of such third party, and that he was to receive the rents and issues of the land, and that a clause was inserted in the deed to the plaintiff in the covenant of quiet enjoyment, making it “ subject, however, to a lease” to such third party, but naming no lessor and containing no reservation of the rents to be paid by such third party, the plaintiff is entitled to judgment for the conversion of the wheat by the defendant.</p> <p>Id. — Effect op Conveyance op Land—Right to Rents and Profits—Limitations.—A conveyance of land passes title to its rents, issues, and profits, subject only to such limitations as are contained in the instrument of transfer, or of which the grantee has actual or constructive notice.</p> <p>Id.—Record op Lease Required by Recording Act.—A lease of land is a “conveyance” thereof within the meaning of section 1215 of the Civil Code, requiring a record of all conveyances of land, and the interest thereby created in the lessee, though limited to a right to receive the products of the land, is equally as void against a subsequent purchaser of the land, with no notice of the lease by reason of the failure to have it recorded, as if it were an unrecorded conve