Schuhman v. Garratt

Citations

• 16 Cal. 100
• 1860 Cal. LEXIS 176

Syllabus

<p>The acceptance of a deed does not, in favor of a stranger—that is, one neither party nor privy to the deed—estop the grantee in fee from showing that the grantor had no title at the date of the deed.</p> <p>Estoppels are mutual, and bind both parties or neither; and, as a person neither party nor privy to a deed is not bound to acknowledge a title under it, so the grantee in the deed is not bound by it in favor of such person.</p> <p>Whether this principle would be affected by the fact that the grantee in such case obtained actual possession under his deed, not determined.</p>