Hartman v. Reed

Citations

• 50 Cal. 485

Syllabus

<p>CONVEYANCE OF LAND IN CONSIDERATION OF CONTRACT TO PERFORM SERVICES.—If one conveys to another a tract of land, part of a Mexican grant, in consideration of an agreement by the other to prosecute the claim before the courts for final confirmation, and the grantee fails to fulfill his agreement, the title vests absolutely, and the remedy of the grantor for the breach of the agreement is an action for damages.</p> <p>Statute of Limitations.—If the grantee of a Mexican grant conveys an undivided, interest in the same, and, after the conveyance is made, holds possession of the whole of the grant, adversely to all the world, for the period required by the Statute of Limitations, the title which he has conveyed is extinguished.</p> <p>Idem.—The court does not apply the above principle to a case where a patent from the United States has issued within the period of the statute, if the grantee was entitled to the benefit of the patent.</p> <p>Construction of Deed.—If, after the owner of a Mexican grant of land has conveyed an undivided one-third of the same, he retains adverse possession until the title of the grantee is extinguished, and then executes a conveyance to another party of “ the interest in said lands or rancho heretofore conveyed” to said grantee, and “all the undivided third part of ” the whole tract of land and rancho, the latter conveyance vests in the grantee, not the particular third first conveyed, but an undivided third, without distinguishing which third.</p> <p>Action to remove Cloud on Tule.—In an action to set aside a deed as a cloud upon the title of the plaintiff, it is not enough that the deed which is sought to be set aside may possibly be a cloud on the plaintiff’s title, but it must clearly appear that the claim set up under such deed is, in fact, in hostility to the plaintiff’s title.</p> <p>Idem.—If the owner of a tract of land conveys an undivided one-third of the same, without designating what third, the grantee cannot maintain an action