Hyde v. Mangan

Citations

• 88 Cal. 319
• 26 P. 180
• 1891 Cal. LEXIS 693

Syllabus

<p>Ejectment — Defense—Equitable Title. —An equitable title to land, entitling the holder to possession in equ tty, is a sufficient defense to an action of ejectment brought by the holder of the legal title.</p> <p>Id. — Mortgage by Deed Absolute — Title of Defendant — Pleading — Denial of Ownership.— Evidence. —The defendant in an action of ejectment may show, under the denial of the plaintiff’s ownership, that the apparent title of the plaintiff consists only of a mortgage by deed absolute in form, given as security for an indebtedness, and that the title is in the defendant.</p> <p>Id. — Vendor and Purchaser — Contract of Sale — Assignment as Security—Title Obtained by Subsequent Assignee.—The obtaining of title from a vendor by a subsequent assignee of an equitable interest arising under a contract of sale, which was originally assigned by the purchaser as security for indebtedness, will not entitle such assignee to recover in ejectment against the purchaser in possession, against whom the vendor would not be entitled to recover.</p> <p>Id. —• Mortgage Debt Barred by Limitation. — The fact that the mortgage debt is barred by the statute of limitations is immaterial, and cannot affect the defense of the purchaser in possession under the contract of sale to an action of ejectment by the assignee of the mortgage security, who has obtained title from the vendor.</p> <p>Bona Fide Purchasers — Assignment of Equitable Interest.—The assignee of an equitable interest in land is not protected by the rule as to bona fide purchasers.</p> <p>Id.—Notice of Equity—Possession of Claimant. — The fact of open, notorious, and exclusive possession of land by an occupant in possession under a contract of purchase at the time of purchase and securing of a conveyance by another vendee from the vendor out of possession, is sufficient to put the latter vendee upon inquiry as to the rights or claims of the occupant, and a failure so to inquire does not any more entitle him to be regarded