Long v. Dollarhide

Citations

• 24 Cal. 218

Syllabus

<p>Parol Partition.—A parol partition of land may be made by co-owners under the Mexican law, as well as by tenants in common under the common law.</p> <p>Same—What Constitutes.—In order to uphold a parol partition, under both the Spanish and common law, it must satisfactorily appear that there was not only an agreement to make the partition, but that the same was fully executed and followed up by a several possession, by either the parties themselves or their «antees.</p> <p>Span^h Law—Parol Sale op Real Estate.—Under the Spanish law, contracts for the sale of real estate rest upon the same footing with those relating to personal estate, and may be by parol or otherwise, at the option of the parties.</p> <p>Prior and Subsequent Purchasers op Land.—The rule that a subsequent purchaser in good faith and for a valuable consideration, and whose deed is first recorded, will hold the land conveyed, as against a prior purchaser, only applies where both parties claim under the same grantor.</p> <p>Bona Eide Purchase—How Proved.—The burden of showing that he is a purchaser in good faith and for a valuable consideration is cast upon the one claiming under a second deed but recorded first in point of time, and the deed itself is not evidence of these facts, but they must be shown by other testimony.</p>