Ramboz v. Stowell

Citations

• 103 Cal. 588
• 37 P. 519
• 1894 Cal. LEXIS 829

Syllabus

<p>Deed of Married Woman—Acknowledgment as Single—False Representations—Estoppel of Subsequent Donee.—Where a married woman, who was living apart from her husband, before and at the time of the execution of a deed by her of her separate property, falsely represented to the agent of the grantee that she was a widow, and acknowledged the deed as a single woman, intending thereby to deceive the grantee, who acted upon such representations, believing them to be true, not only in paying the purchase money, but in paying all the taxes and street assessments during the period of thirteen years, without notice of the falsity of the representations, or that the grantor intended to lay any claim to the land prior to the commencement of an action to quiet title by her daughter, to whom she subsequently conveyed the property without a valuable consideration, and who took the deed with knowledge of the prior deed, the plaintiff in such action is estopped from denying that her mother was a widow at the time she acknowledged her deed to the prior grantee.</p> <p>Trial—Reservation of Ruling Upon Objections to Evidence—Harmless Failure to Rule.—The failure of the court to decide whether or not evidence, which was temporarily admitted under objection to be passed upon prior to judgment, was admissible, is not prejudicial error where all the evidence was either properly admissible or harmless.</p>