Lawrence v. Montgomery

Citations

• 37 Cal. 183

Syllabus

<p>Defective Complaint.—If a complaint improperly unites two causes of action, or is ambiguous and uncertain, the defect must bo taken advantage of by demurrer, or it is waived.</p> <p>Party Plaintiff in Action for Deceit.—An action for deceit in the sale of land to which the grantor had no title, should be brought by all the grantees jointly, unless there has been a conveyance of the cause of action to the plaintiff. A conveyance by one of the grantees to the others, of his interest in the land, does not assign the cause of action for deceit, so as to enable the assignees to sue for the deceit in their names.</p> <p>Action for Deceit.—An action for deceit is a personal action founded on fraud, and not upon any covenant in the deed running with the land.</p> <p>Personal Covenant in Deed.—A covenant in a deed, whether express or implied by law, that the grantor has not sold or incumbered the land, is a personal covenant and does not run with the land.</p> <p>Plaintiffs in Suit upon Covenants in a Deed.—All the grantees should join as plaintiffs in an action upon either a direct or implied covenant in a deed that the grantor has not sold or incumbered the land, or that he is seized of and has a right to convey the same. A deed of the land by one of the grantees to another does not convey to him the cause of action upon such covenant.</p>