Meley v. Collins

Citations

• 41 Cal. 663
• 1871 Cal. LEXIS 154

Syllabus

<p>Delay to Attack Forged Deed- as Estoppel.—In an action to recover possession of land held by an innocent purchaser who deraigns title through a forged deed which has been of record five years with knowledge of the plaintiff, the delay of the plaintiff to attack the forged deed is not material if it be not relied upon as extinguishing the plaintiff’s title by the operation of the statute of limitations; and such delay does not estop the plaintiff to say that the alleged deed is not his deed.</p> <p>Obligation op Owner as to Hostile Title.—The owner of property is justified in relying upon his title, and he is under' no obligations to proceed against all persons who may assert a hostile title, although another person might be deceived by the apparent genuineness of such hostile title.</p> <p>Obligation op Owner as to Forged Deed.—It is not the duty of the owner of real estate, if his own interests do not require it, to attack a forged deed to his property.</p> <p>Protection to Purchaser under Forged Deed.—A purchaser may protect himself from injury resulting from a forged deed by exacting the necessary covenants from the vendor.</p>