Meyers v. Farquharson

Citations

• 46 Cal. 190
• 1873 Cal. LEXIS 157

Syllabus

<p>Bill of Sale of Mining Claim. — No precise form of words is necessary to work a conveyance in a bill of sale for a mining claim. If it be clear from the language of the instrument that the maker intended to pass thereby the title to the property, the law will, if possible, so construe the words used as to effectuate that intent.</p> <p>Description in a Conveyance.—A conveyance of land- is not void'on its face for uncertainty in the description of the property sold, if so far as can be seen from the description itself, the points named as boundaries, may be well known monuments, easily found.</p> <p>Gift of a Mining Claim.—The owner of a mining claim may give away the same by a written bill of sale, and such bill of sale is not to be rejected as evidence because it was a gift.</p> <p>Title Acquired Under Probate Sales.-—If a claim secured by a mortgage made by the decedent during his life, is allowed by his executors, and the mortgaged property is sold by them, and the proceeds are applied on the claim, and the sale is approved by the Probate Court, the purchaser does not take by relation the title which the mortgagor had at. the date of the mortgage, but only such title as the mortgagor had at the time of his death, and such as the estate may have subsequently acquired.</p> <p>Sale by Probate Court.—A sale by the Probate Court to satisfy a claim against the estate, secured by a mortgage made by the testator, is not in effect a foreclosure of the mortgage.</p> <p>Probate Court.—A Probate Court is not a Court of equity and has no power to foreclose a mortgage. »</p> <p>Conveyance Without Consideration.— The title of one who obtains a conveyance without any consideration cannot be assailed by another who is neither a creditor of the grantor nor in the place of a creditor.</p> <p>Trespass for Entry Upon Land.—One who enters. wrongfully upon the land of another is a trespasser, and he does not cease to be such so that an action will not lie against him for a trespass,