Gordon v. City of San Diego

Citations

• 108 Cal. 264
• 41 P. 301
• 1895 Cal. LEXIS 854

Syllabus

<p>Deeds—Acknowledgment.—A deed signed and delivered, except where a married woman is the grantor, is good, and operates to convey the title, though not acknowledged.</p> <p>Id.—Object of Acknowledgment.—The object of acknowledgment is to entitle an instrument to be used as evidence without further proof, and to enable it to be recorded.</p> <p>Id.—Delivery—Date of Instrument—Statutory Presumption — Decisions.—Under section 1055 of the Civil Code a grant duly executed is presumed to be delivered at its date, and the presumption of delivery being statutory in this state, decisions in other states as to a presumption that a deed is not delivered until after its acknowledgment are inapplicable, and, where there is no proof of the date of the delivery beyond the date of the deed and the date of filing it for record, the presumption declared by the statute must prevail.</p> <p>Id.—Deed of Pueblo Lands—Action of City Trustees—Parol Proof.— Where an election was held authorizing the sale of pueblo lands, and a resolution was passed by the board of trustees prescribing the terms upon which pueblo lands would be granted, the fact that there is no record of any official action by the board of trustees fixing the price and the particular parcel of land to be conveyed to an applicant, does not render void a deed executed by the trustees, but parol evidence is admissible to prove that the sale and deed were authorized by the hoard of trustees.</p> <p>Id.—Parol Evidence of Facts Omitted from Record.—Parol evidence is admissible to prove facts omitted from the record, unless the law ex-</p> <p>, pressly and imperatively requires all matters to appear of record, and makes the record the only evidence.</p> <p>Id.—Tenancy in Common—Deed of Part of Tract by Specific Bounds— Ratification by Cotenant—Partition by Consent.—Where the trustees of a city conveyed an undivided one-half of a pueblo lot, and on the following day conveyed the west half of the same lot to another grantee, and fo