Shay v. McNamara

Citations

• 54 Cal. 169

Syllabus

<p>Tax Title—ATroRNEr-ix-FAOT — Praud. — S. having been furnished with money by J. to pay the taxes on J.’s homestead, failed to do so, and in consequence the land was sold for taxes to another, who afterward, by the procurement of S., and for his benefit, assigned the certificate to M.; and M., having received the tax deed, conveyed the land for the benefit of S., and by his direction, to S.’s wife. Afterward, S. holding a power of' attorney from J. to sell and convey the lot, executed a deed of conveyance of it, in fee to M., in the name of J., but without consideration, and for his own benefit. Hold, in an action by the wife of S. against the wife of J. and her tenant, that both deeds were fraudulent and void, and that the plaintiff derived no title under them.</p> <p>Estoppel—Former Judgment — Privy—Definition.—A judgment is an estoppel only as to parties and privies; and those only are privies whose interest in the subject-matter of the suit originated subsequently to its commencement.</p> <p>Id.—Id.—Trustee and Cestui que Trust.—As a general rule, trustees and cestuis que trustent are regarded as so independent that proceedings against one do not affect the other.</p> <p>Id.—Id.—Relation.—The doctrine of relation is a fiction of law adopted by the courts solely for the purposes of justice.</p> <p>Id.—Id.—Id.—Privy—Resulting Trust.—Accordingly, where one K. had purchased the homestead of defendant and her husband at a foreclosure sale at their request, and received a certificate of sale: Meld, that a judgment recovered against K. by the plaintiff’s grantor, in an action to quiet title, did not bind the defendant—whether the money paid by K. at the foreclosure sale was paid on his own account, or advanced as a loan to the mortgagors; that if the former was the case, the defendant and her husband derived no title or interest from K., and consequently were not his privies; that if the latter was the case, a trust resulted in their favor, but that they were not bou