Reid v. Robrecht

Citations

• 102 Cal. 520
• 36 P. 875
• 1894 Cal. LEXIS 678

Syllabus

<p>Bankruptcy— Sale of Property of Bankrupt—Invalid Deed.—Under the United States Bankrupt Act of July 22, 1874, all sales of the property of a bankrupt were required to be at public auction unless otherwise ordered by the court, after three weeks’ notice of the time and place of sale given in such paper as should be determined by the judge to he best calculated to give general notice of the sale; and a conveyance of real estate of the bankrupt by the assignee in bankruptcy without any order made by the judge directing a sale, and without any notice of sale, required by the bankrupt act, and without any recitals in the deed showing that the assignee had any authority to make the sale or conveyance, is void.</p> <p>Id.—Sale Under Statutory Power—Conditions Precedent.—When a sale is made under a power given by the statute, all the requirements of such statute, so far as they are conditions precedent to the operation of the power to vest the estate, must appear to have been complied with.</p> <p>Id.—Quieting Title—Possession of Land—Claim, of Ownership—Finding Against Evidence.—Where the plaintiff, in an action to quiet title, claims title under a void sale by the assignee of a bankrupt, and only proves a claim of ownership of the property, and a request, prior to the commencement of the action, to real estate agents to rent the property and collect the rents for him, without showing possession in the plaintiff, a finding of title and possession in the plaintiff is not sustained by the evidence.</p>