Hibberd v. Smith

Citations

• 67 Cal. 547
• 4 P. 473
• 1885 Cal. LEXIS 695

Syllabus

<p>Deed—When takes Effect—Delivery—Intent.—A written instrument in the form of a conveyance of land does not take effect as a deed until it is delivered with the intent that it shall so operate.</p> <p>Id.—Wicat Constitutes Delivery. —What constitutes delivery is chiefly a question of fact, but a delivery is not complete until the grantor has so dealt with the instrument as to lose all control over it; and whether he has done so depends upon the intent to be deduced from all the surrounding circumstances.</p> <p>Id.—Delivery to Stranger—Assent of Grantee—Presumption.—The-delivery of a deed to a stranger for the benefit of the grantee is deemed to be a constructive delivery to the latter only when his assent thereto or facts which authorize a presumption of such assent are shown.</p> <p>Id.—Deed—When not Presumed Beneficial—Consideration.—A deed purporting on its face to be executed for the consideration of 55,000 will not be presumed beneficial to the grantee, in the absence of any evidence that the</p> <p>, consideration has been paid.</p> <p>Id.—Judgment Lien Acquired before Assent of Grantee.—Where a deed presumptively beneficial to the grantee is delivered to a third person for his use, without his knowledge or prior authorization, the subsequent assent of the grantee to the delivery will not operate to defeat the lien of a judgment creditor of the grantor which attached to the premises sought to be conveyed after the date of the delivery and before the assent of the grantee.</p> <p>Execution Sale—Title of Purchaser—Eetubn of Sheriff—Delation— Priority.—On a sale of land under an execution, the title of the purchaser does not depend on the sheriff’s return to the writ. The title relates back to and takes priority from the date of the judgment Den, and not from the date-of any real or pretended statutory levy.</p>