Hayes v. Bona

Citations

• 7 Cal. 153

Syllabus

<p>As a general proposition it may bo stated that under the Spanish law, a sale of real estate by parol would not he voider sc, and that the distinction between parol contracts and specialties, known to the common law, does not exist under the civil law or the Mexican system of jurisprudence heretofore in force here.</p> <p>By the civil law every conveyance of land was required to he made before an Escribano, or if there was none, then before the Judge of the First Instance.</p> <p>Though there is some doubt whether this law was in force in California, yet it seems that by the custom of the country, conveyances were required to be in writing, and although all the forms prescribed wore not strictly followed, still it was necessary that the instrument should contain at least the names of the parties, the thing sold, the date of the transfer, and the price paid.</p> <p>Where the defendants in ejectment set up in defence title derived under an instrument in writing, claimed to bea conveyance, but lacking all these requisites: Held, that such defence was insufficient against a party holding a subsequent deed from the same grantor.</p>