Stonesifer v. Kilburn

Citations

• 122 Cal. 659
• 55 P. 587
• 1898 Cal. LEXIS 655

Syllabus

<p>Bbformation of Deeds—Agreement for Acreage—Mistake in Description— Change of Possession—Notice of Equitable Title.—An agreement to convey a specified number of acres of land out of a larger tract, at a fixed price per acre, vests the equitable title to that quantity of land in the purchaser; and where, by mutual mistake in description, the deeds to adjoining purchasers did not include the quantity of land specified, and by consent of the grantor and grantees, the possession of each grantee was changed, so as to give to each actual possession of the full acreage sold pursuant to a survey made for that purpose, and, under an oral agreement that the grantor should execute new deeds accordingly, a perfect equity became thereby vested in each grantee; and a court of equity will reform such a deed, and compel a conveyance from a subsequent grantee of the legal title, who took with notice of the equitable title.</p> <p>Id.—Possession as Notice of Equity.—Where a party has an equity, and also actual possession of the property, a purchaser of the legal title from the grantor out of possession is bound to take notice of the equity; and the result should be the same, whether the possession is deemed to impart notice per se, or is treated as evidence of notice.</p>