Morse v. Wright

Citations

• 60 Cal. 260
• 1882 Cal. LEXIS 438

Syllabus

<p>Unbecobded Deed—Subsequent Pubchaseb in Good Faith—Recital or Consideration in Deed—Evidence.—M. purchased land, but caused the deed to be taken in the name of J., and the deed was duly recorded. M. took possession, and afterwards at his request the property was conveyed to him by J.; but the deed was not recorded until after the commencement of this action. Afterwards, at the instance of M., J. made a deed to the plaintiff, then a single woman but subsequently the wife of M. This deed recited a consideration of six thousand dollars, and was delivered and recorded after the marriage—the plaintiff having no notice of the former deed; but there was no proof as to the consideration. Afterwards M. sold and conveyed the land to the defendant for the sum of twelve thousand dollars. J. sues to recover the land.</p> <p>B eld: It is apparent that the legal title to the premises is with defendant. It is only subsequent purchasers for a valuable consideration who are protected against prior conveyances unrecorded; within which category plaintiff does not come.</p> <p>Id.—Id.—Id.—Id.—Estoppel.—There is no ground for the operations of the doctrine of estoppel in favor of the plaintiff against the defendant.</p>