Porter v. Atherton

Citations

• 32 Cal. 416

Syllabus

<p>Construction of Contract for Partition of Land. — A* contract between A. and B., tenants in common in a tract of land, by which it is agreed that B/s interest in the land shall be a certain amount in excess of what he otherwise owned, and that B. shall extinguish all claim of title in the land set up by C. by procuring C/s deed, (C. then asserting an interest in the land claimed by A.,) and that after certain other events transpire a division of the land shall take place between the contracting parties, according to the contract, and deeds be exchanged, is not fulfilled by B. by having procured C/s deed before the contract was made, nor by procuring 0/s deed to himself, unless he then conveys to A.</p> <p>Idem.—The fact that C. had no valid title to any of the land does not excuse B. from procuring a conveyance from him to A. after the contract was made, before B. can go into equity to enforce a specific performance.</p>