People v. Blake

Citations

• 84 Cal. 611
• 24 P. 313
• 1890 Cal. LEXIS 852

Syllabus

<p>Notice to Vacate Judgment —Lapse of Time — Omission of Proof of Service of Process — Recital in Judgment. —People v. Harrison, ante, p. 007, affirmed to the point that a judgment not void on its faee, and containing a recital of due service of process, cannot be set aside on motion years after its rendition.</p> <p>Id.—Vacating Foreclosure of School Certificate — Motion by Successor in Interest — Failure to Prove Title. — A motion to vacate a decree foreclosing the interest of the holder of a certificate of purchase of school-lands by one who claims to he successor in interest of the defendant will not be entertained if the moving party fails to prove his title as such successor.</p> <p>Id. — Dhisii of Sciiool-lands bf.fore Certificate of Purchase. — A deed of grant of school-lands, made five months before the certificate of purchase was issued, it not appearing that any payment had been made upon the land by the grantor, conveys no interest in the land, and will not support a motion by the grantee to vacate a judgment foreclosing the certificate of purchase against the grantor.</p> <p>Id. — Deed of Grant Made Prior to Code — After-acquired Title. — A mere deed of grant of school-lands, made prior to the code, by a grantor having at the time of the grant no transferable interest in the land, and not purporting to convey the same in fee-simple absolute, did not bind a title to such land afterwards acquired by the grantor from the state.</p> <p>,Id. — Record of Deed — Lapse of Time — Presumptions upon Appeal. — When such motion is made sixteen years after the judgment of foreclosure, by one claiming under a deed made twenty years prior to the motion, and the motion is denied, and the moving party fails to make it appear in the transcript on appeal that his deed was recorded, the presumption is, that it was never recorded, and that the land may have been sold to other parties, who may have purchased in good faith, and may have improved and occupied it for many years