Holden v. Andrews

Citations

• 38 Cal. 119
• 1869 Cal. LEXIS 122

Syllabus

<p>Estoppel. — One who obtains the possession of public land of the United States from a prior possessor, under a contract of purchase, with which he has not complied, is not estopped from setting up a subsequently acquired title from the United States, in an action brought by the vendor to recover the possession. Cbockett, J., and Spbague, J., dissenting.</p> <p>Idem.—A person who has acquired the possession of lands under a contract of purchase, is precluded, while he continues in possession, from disputing the title of his vendor; but he is not estopped to show that his vendor’s title has expired. Per Rhodes, J.; Sandeeson, J., concurring.</p> <p>Idem.—As between the vendor and vendee an estoppel has its origin in the contract, its operation is limited to the title in reference to which the contract was made, and does not extend to the question of the right of possession. (Ibid.)</p> <p>Idem.—In an action for the possession, the vendor’s right of recovery depends upon his title; when his title expires, his right to the possession also expires. (Ibid.)</p> <p>Idem.—The rule that the purchaser, remaining in possession after a breach of the contract, is estopped from setting up title from any other source, has reference only to title adverse to the vendor. It has no application when the subsequently acquired title is consistent with the vendor’s, and when the contract was made with full recognition of such title as the permanent title. (Ibid.)</p> <p>Reason fob Pebmitting the Vendee to Show that the Vendob’s Title has Ceased. —In the cases in which it is permitted to the vendee, entering under a contract of purchase, to show that the vendor’s title has ceased, the defense is allowed on the ground that, without fault or fraud on the part of the vendee, the vendor’s title has expired. Per Cbockett, J. —Spbagde, J., concurring.</p> <p>Has no Application to the Sale of a Possessoby Claim.—But tills reason has no application to the sale of a possessory claim, of which al