Smith v. Yule

Citations

• 31 Cal. 180

Syllabus

<p>Notice op Prior Unrecorded Deed.—Notice of a prior unrecorded conveyance must be clearly brought home to a subsequent purchaser whose conveyance is first recorded, before the unrecorded deed will prevail over the one first recorded.</p> <p>Purchaser op Land in Possession op One not the Grantor.—A person purchasing land in the possession of a person other than the grantor, is charged by the law with the duty of inquiring by what right or title he holds.</p> <p>Where the Possession op Land is Consistent with Record Title.—If the apparent possession of land is consistent with the title appearing of record, it is not the duty of the purchaser to make any inquiry concerning the title beyond what the recording office shows.</p> <p>Sale op Land in Possession op Vendor and Another Person.—If at the time of the sale of land the record title is in the vendor and the vendor is in possession, and another person is also in possession, there is no presumption of title out of the vendor, and no inquiry need be made of the other person as to his right or title.</p> <p>What Possession op Land sufficient to give Notice.—If the owner of a lot in a city occupies part of a house on the same, and another person occupies the remainder of the house, and while this occupation of both continues the owner conveys to this other person whose deed is not recorded, and then conveys to a third person whose deed is first recorded, the possession of the one having the unrecorded deed is not sufficient to give notice to the subsequent purchaser.</p> <p>What Possession is Notice of Unrecorded Conveyance.—The possession of a vendee with an unrecorded conveyance will not give notice to a subsequent purchaser whose conveyance is first recorded, unless such possession is open,' notorious, and exclusive.</p>