Hurlbutt v. Butenop

Citations

• 27 Cal. 50

Syllabus

<p>Certified Copy of a Deed as Evidence.—A party claiming title under a deed duly acknowledged is entitled to have a certified copy of the record of the same received in evidence, upon making statute proof that he never had control of the original, and that it is not then in his power or control.</p> <p>Record of Deed not properly Acknowledged.—The record of a deed not properly acknowledged does not give constructive notice to subsequent purchasers in good faith.</p> <p>Decree in Action brought by one for Himself and on behalf of Others.—Where an action is brought by one of several persons, claiming title from a common source, on his own behalf and in behalf of all others interested in the same manner as himself, to set aside a deed executed to others by the same grantor under whom plaintiff claims, on the ground of fraud, the parties named in the complaint, for whose benefit the action is brought, are entitled to the benefit of the decree declaring the deed fraudulent.</p> <p>Purchasers after lia pendens filed.—If a Us pendens is filed at tho commencement of an action brought to set aside a deed on the ground of fraud, parties who buy of the defendant pending the litigation are bound by the decree.</p> <p>Assessment must fix Valuation on Property.—An assessment of town lots for taxation, which does not give their cash valuation either in gross or detail, is radically defective. Figures placed opposite town lots in an assessment roll, without any statement whether they stand for cents, dollars, or eagles, do not fix any valuation to the same.</p> <p>Tax Deed—When Void.—A tax deed executed in 1860, for land sold for taxes, is void if the assessment shows that there was not any cash valuation of the lot which the deed purports to convey.</p>