Gerke v. Cameron

Citations

• 5 Cal. Unrep. 798
• 50 P. 434
• 1897 Cal. LEXIS 957

Syllabus

<p>Deeds—Delivery—Presumption.—Proof That the Consideration for a deed was not paid is not alone sufficient to rebut the presumption under Civil Code, section 1055, that a grant duly executed is delivered at its date.</p> <p>Partition—Validity of Sale—Estoppel.—After a Sale in Partition of devised land, the bidder refused to pay his bid, whereupon, as agreed between plaintiff devisee and the other devisees, a deed was executed by the referee to said bidder, who conveyed the property to plaintiff and certain devisees, accepting the same in lieu of money from the estate, and devisees who received no part of the land were paid so much more money. Held, that plaintiff was estopped to impeach the transactions on the ground that the referee had no authority to make the deed without the receipt of the amount of the bid.</p> <p>Partition—Attack on Referee’s Deed in Subsequent Partition.-— And where plaintiff thereafter obtained conveyances from all the devisees except defendant, without any additional consideration, the referee’s deed, if invalid, could not be assailed on a subsequent partition suit by plaintiff, unless she tendered to defendant the money which he would have received from the estate, and in lieu of which he had accepted an additional interest in said land.</p>