Johnston v. Fish

Citations

• 105 Cal. 420
• 38 P. 979
• 1895 Cal. LEXIS 674

Syllabus

<p>Fraudulent Conveyance—Disseisin by Vendor—Ejectment by Bona Eidb Purchasers—Title to Crops.—Where the vendor of land has made a conveyance which was procured by fraud of the vendee, and has afterwards taken possession of the land in disregard of the conveyance, his action is a disseisin, and his possession is adverse to the whole world; and, pending an action of ejectment by bona fide purchasers from the fraudulent vendee, the vendor is entitled to dispose of the crops during the period of his possession, and any one dealing with him, therefore, becomes the owner of what is purchased from him, and their title is not affected by the subsequent determination of the ejectment suit in favor of the bona fide purchasers.</p> <p>Id.—Rights op Plaintiff in Ejectment—Use and Occupation—Fruits i of Land.—The plaintiff in ejectment is entitled to recover from a defendant only the value of the use and occupation, and is not entitled to the fruits of the land, nor can he, after he has established his right to the possession, recover the fruits of the land from one who has purchased them from the defendant while in adverse possession.</p> <p>Id —Purchaser of Crops—Knowledge of Ownership of Land.—The fact that a purchaser of the- crops from the claimant of the land in adverse possession knew that the plaintiffs in ejectment claimed to be the owners of the land does not impair his right of recovery of the crops as against them.</p> <p>Id.—Right to Fruits—Volunteer Crops.—The right to the fruits of the land does not depend upon the amount of labor expended by the occupant in their production, and it is immaterial whether the hay out from the land was a volunteer crop, or had been sown under a cropping contract with the occupant, and the fruits gathered belong to him as fully as the crops.</p> <p>Id.—Cropping Contract—Purchase—Replevin—Conversion of Crops— Trover.—One entitled to two-thirds of the crops and fruits under a cropping contract, and to the remaining one-third by purcha