Quivey v. Baker

Citations

• 37 Cal. 465

Syllabus

<p>Couhts of Equity Regard the Substance Only.—If A., for his own benefit and without the knowledge of B., who paid no consideration, has a conveyance of land made to B. by a third person, a Court of equity in dealing with the transaction at tho instance of creditors of A., or those claiming under him, will treat tho land as the property of A., and regard him as the real party in interest.</p> <p>Conveyance in Fee Carries After-acquired Title.—If A., having no title, makes a conveyance in fee of land to B„, and afterward for his own benefit procures tho holder of tho real title to make a conveyance thereof to C., (C. paying no consideration,) this conveyance to C. will, in equity, inure to the benefit of B. and his grantees in all proceedings between 0. and B., or his grantees.</p> <p>Deed in Fee Carries After-acquired Title taken in Name of Stranger.— The principle that if a vendor convey the fee in land to which he has no title, and to which ho afterwards acquires the true title, the title thus acquired shall inure to tho benefit of his vendee, cannot be defeated in equity by taking the after acquired title in tho name of a third person who has no real interest in the transaction.</p> <p>Quitclaim Deed does not Carry After-acquired Title.—The principle that a title acquired by tho vendor after a conveyance by him in fee inures to the benefit of his vendee, does not apply when the vendor’s deed was a quitclaim, cvcd if it contains a qualified warranty against a specified adverse claim set up by a third party.</p> <p>Equity Reforms Decrees and Sheriffs’ Deeds.—A Court of equity will reform a mortgage by correcting a mistake, and after it has been merged in a decree of foreclosure, and tho mortgaged property has been sold, will, if the mistake in tho mortgage has been carried into the decree and Sheriff’s deed, reform them. It will go back to the original mistake and correct all subsequent mistakes which grow out of it.</p> <p>Mistake in Mortgage and Decree of Forecl