Stockton Savings Bank v. Staples

Citations

• 98 Cal. 189
• 32 P. 936
• 1893 Cal. LEXIS 884

Syllabus

<p>Appeal—Beview of Conflicting Evidence—Preponderance. — Although the preponderance of evidence may appear to be against a finding of the lower court, such finding will not be disturbed upon appeal, where there is sufficient evidence, positive and circumstantial, to raise a substantial conflict upon the issue to which the finding relates.</p> <p>Husband and Wife—Separate Property—Beoital in Deed of Wife—Estoppel of Husband—Presumption. — Where the deed from a wife to her grantee recites that the property conveyed by her was her separate estate, and that the consideration paid by her for'the conveyance of the same property to her was her separate property and estate, and her husband signs such deed as a witness, with knowledge of such recitals, without disputing the same, he is estopped from denying their truth to the prejudice of the title of the wife’s grautee; and, in the absence of proof to the contrary, it must be presumed that the husband did know the contents of the deed, and thereafter acquiesced in the conveyance, and that any title of the husband prima facie passed to the grantee by the estoppel.</p> <p>Id. — Overcoming Prima 1 Facie Estoppel — Community Property—Quieting Title—Adverse Possession.—The possibility that a prima facie case of estoppel of the husband to claim the property as community property may be overcome by facts not disclosed in the record, cannot avail the defendants in an action to quiet title, where it appears that the plaintiff was in possession of the property at the commencement of the action, and that the defendants had lost their title by adverse possession prior to the deed of the wife to the plaintiff; and it is immaterial in such case whether the wife’s deed passed title to the plaintiff or not.</p> <p>Corporation—Deed—Power to Hold Beal Estate—Presumption.—When a deed is made to a corporation, and there is no evidence to show for what purpose the corporation had been organized, or what business it was conducting, it must be p