Gibbons v. Peralta

Citations

• 21 Cal. 629

Syllabus

<p>A decree pronouncing that a conveyance is fraudulent and void has the effect to remove any cloud resulting from its execution without an express direction that it be set aside.</p> <p>Some two hundred persons, of whom plaintiff was .one, claimed each separate parts of a tract of land called the “ Encinal,” deriving their several titles from a common source, and all through a deed of the whole tract from Peralta to Hays. Plaintiff brought the action for himself and on behalf of the others, whose titles were similarly situated, for the purpose of obtaining equitable relief against certain subsequent conveyances of the Encinal made by Peralta, alleged to be fraudulent, and to constitute a cloud upon the title derived through the deed to Hays, and asked, as a portion of the relief, a perpetual injunction against any further alienations by the fraudulent grantees (defendants). The decree pronounced the subsequent conveyances fraudulent and void, and granted the injunction asked as to the plaintiff's separate portion of the land, but not as to that of the others for whom he sued: Held, on appeal by plaintiff from this decree, that it was not in this respect erroneous— that there was no such community of interest between the plaintiff and those whom he represented in the action as entitled him to an injunction in their favor.</p>