Tryon v. Huntoon

Citations

• 67 Cal. 325
• 7 P. 741
• 1885 Cal. LEXIS 632

Syllabus

<p>Deed—Consideration Moving from Stbangeb—Tbubt—Peesumtion—Evidence.—Wlien a transfer of real property is made to one person, and the consideration is paid by or for another, the presumption of a trust in favor of the person by or for whom the payment is made may be rebutted by evidence showing a different intention between him and the grantee.</p> <p>Id.—Uncertaintt oe Description. — A deed describing the property intended to he conveyed as “ three fractions of lot seven, J and K, Fourth and Fifth streets, Sacramento City,” is void for uncertainty.</p> <p>Id. — Colob or Title—Possession—Statute of Limitations.—Such a deed is sufficient to give color of title, and possession under it for the requisite time will give a perfect title under the Statute of Limitations.</p> <p>Action to Quiet Title — Heies mat Maintain ob Defend—Joindeb of Administbatob—Dismissal.—An action to quiet title to land, under section 1452 of the Code of Civil Procedure, may be maintained or defended by the heirs of a deceased intestate in their own name, without joining the administrator; and where the administrator is originally joined as a defendant with the heirs, and judgment is rendered against them, an order dismissing a motion for a new trial as to the administrator is without injury to the heirs.</p>