Killey v. Wilson

Citations

• 33 Cal. 690

Syllabus

<p>Equitable Title to Land.—If, in ejectment, the attorneys of the parties stipulate in writing that one of the defendants consents to a reference, and that plaintiff will within five days execute to said defendant a deed of a part of the land in controversy, such stipulation gives such defendant an equitable title to the land named in it, although judgment in the action is for plaintiff.</p> <p>Notice op Equitable Title.—Possession of land, claiming title, and having an equitable title, is notice to a purchaser, from one holding the legal title, sufficient to put him on inquiry as to the possessor’s right.</p> <p>Surrender op Deed.—The surrender of a deed and its destruction does not revest the legal title in the grantor.</p> <p>Belief in Action to quiet Title.—In an action, brought in the usual form, to quiet title, the Court will not decree a specific performance of an agreement of the defendant to convey to the plaintiff’s executor.</p>