Lawton v. Gordon

Citations

• 37 Cal. 202

Syllabus

<p>Filing of Deed for Record.—If after a deed is filed for record, but before it is recorded, it is withdrawn from the Recorder’s office by the grantee, and kept away from the said office some time and then returned for record—during the time the deed is away from the office the law making the filing of a deed for record notice to subsequent purchasers is suspended.</p> <p>Hotice of Prior Deed.—If a person, when about to purchase property, is told by the Recorder that the seller has already given a deed of the property to another person, which was filed for record, but has been taken away before being recorded, this information is sufficient to put him on inquiry; and it is not necessary that such information should come from a person interested in the property in order to constitute notice of an adverse title to the property.</p> <p>Evidence of Cancellation of Deed.—Testimony is not admissible to show that a deed was withdrawn from the Recorder’s office before it was recorded, for the purpose of being canceled, to revest the title in the grantor.</p> <p>Costs in Ejectment.—One who sues to recover possession of an undivided part of real estate, and recovers an undivided part, hut a less interest than he sued for, is entitled to full costs, even if the answer concedes his right to the interest recovered, but raises an issue on the question of the ouster from the part recovered.</p>