Talbert v. Singleton

Citations

• 42 Cal. 390

Syllabus

<p>The Sutter Title oe Sacramento Oity.&emdash;The deed of October 14th, 1848, from John A. Sutter, Sr., to John A. Sutter, Jr., has been directly decided to include the site of Sacramento Oity; and the question is no longer an open one.</p> <p>Possession oe Land as Constructive Notice oe Possessor’s Title.&emdash; The actual possession of land, with the exercise of the usual acts of ownership and dominion over it, operates in law as constructive notice to all the world of the claim of title under which the possessor holds.</p> <p>Equitable Title as Defense to Action under Legal Title.—Where the owner of land sold the same, and covenanted to execute a warranty deed therefor on payment of the purchase money, and the purchaser took and held actual possession, and afterwards paid the purchase money; held, that such purchaser’s, or his grantee’s, equitable title was a sufficient defense to an action of ejectment under the legal title, by the original owner, or any one holding under him, with notice.</p> <p>Beattaching of Equities on Beyesting of Property.—Where Sutter, Jr., having covenanted to convey land, with warranty, to Holman, conveyed to his father, who afterwards conveyed hack to the son; held, that whether the father took with notice or not, the son, on receiving the re-conveyance, took the land charged with Holman’s equities.</p>