Mowry v. Heney

Citations

• 86 Cal. 471
• 25 P. 17
• 1890 Cal. LEXIS 1055

Syllabus

<p>Fraudulent Conveyance — Deed in Lieu of Will — Fraudulent Record — Quieting Title — Pleading — Findings—Support of Judgment. — In an action to quiet title brought by the grantee of a deed against a subsequent purchaser at an execution sale, who was the judgment creditor of the grantor, and who alleged, in his answer, that the deed to the plaintiff was made to defraud the creditors of the grantor, a finding that the deed was made by the grantor when ill, with the intention, known to the grantee, that it should not take effect except in lieu of a will upon the death of the grantor, and that upon recovery of the grantor a record of the deed was made with intent to defraud the creditors of the grantor, is wholly inconsistent with the defense pleaded, and cannot support a judgment for the defendant.</p> <p>Id. ■— Trust Agreement. — Snch finding is not responsive to an allegation in the answer that the plaintiff agreed to hold the title in trust for the grantor, and to reconvey it upon demand, where the court fails to find any such agreement.</p> <p>Id__Effect op Delivery op Deed — Passing Title — Conditions — Parol Evidence — Testamentary Intention.—When an absolute deed has been delivered to the grantee, the title becomes vested free from any conditions, and its operation cannot be defeated by parol proof of an intention on the part of the grantor, known to the grantee, that it should not take effect except in event of the grantor’s death; nor is parol evidence admissible to show that the delivery of the deed to the grantee was subject to any condition not expressed therein.</p> <p>Id__Escrow. — A deed cannot be delivered in escrow to the grantee, but only to a third person.</p> <p>Undertaking on Appeal — Validity of Judgment against Sureties — Notice—Execution Sale. ■—A judgment taken against the sureties upon an undertaking on appeal, upon motion, without notice, is valid, and will support an execution sale thereunder.</p>