Upton v. Archer

Citations

• 41 Cal. 85

Syllabus

<p>Inserting Name oe Grantee in a Deed.—A deed, in due form, signed and acknowledged by the grantor, does not become his deed until the name of a grantee is inserted therein; and an agent of the grantor cannot insert the name of a grantee in the absence of the grantor, unless Ms authority is in writing.</p> <p>Deed Fraudulent in Law.—If the grantor leave with his agent a deed, in due form, signed and acknowledged, with a blank left for the grantee, and the agent, without authority in writing and in the absence of the grantor, fill the blank with the name of a grantee and deliver it, the deed is fraudulent in law and void.</p> <p>Judgment on Fraudulent Deed.—If a deed is fraudulent in law and void, the proper judgment is that the deed be canceled. The judgment should not direct the grantee to reconvey.</p>