Snodgrass v. Ricketts

Citations

• 13 Cal. 359

Syllabus

<p>Upon plaintiff’s statement of Ms case, the Court intimates that, conceding the facts, he cannot recover, and the plaintiff then offers to prove his allegations; whereupon defendant admits they could be proved, and demurs to the evidence. lldd: that this is not a demurrer to the evidence. It is rather deciding the case on the demurrer, or as on demurrer to the complaint, or as on motion for nonsuit.</p> <p>If one man makes a bargain with another for land, the latter claiming the title and the right to sell it, and this is done in the presence and at the instigation of a third party who has the title, the third is estopped from setting up the title as against the purchaser, and all persons in privity with such third person are likewise estopped, unless they are purchasers for valuable consideration, without notice.</p> <p>All the title which a vendor of land has at the time of his deed passes to the vendee, as against volunteers or donees, even though the deed, under which the vendor holds, be unrecorded.</p>