Ward v. Dougherty

Citations

• 75 Cal. 240
• 17 P. 193
• 1888 Cal. LEXIS 518

Syllabus

<p>Deed — Possession by Grantee—Delivery.—The possession of a deed by the grantee named therein, or by a person claiming under him, is prima facie evidence of its delivery.</p> <p>Id. —Date of Delivery —Presumption. —Under section 1055 of the Civil Code, a deed duly executed is presumed to have been delivered at its date.</p> <p>Id.—Identity of Grantor—Presumption from Identity of Name.— In an action to quiet title by a person claiming under a deed from a grantor having the same name as the defendant, the identity of the grantor with the defendant is presumed from the identity of name. Judgment—Foreclosure of Street Assessment—Collateral Attack. — A decree foreclosing the lien of a street assessment which is valid on its face, and rendered in an action in which the court bad jurisdiction of the subject-matter and the person of the defendant, cannot he collaterally attacked by a person claiming under Mm, by showing that prior to the decree the assessment in question had been paid.</p> <p>Sheriff’s Deed—Assignment of Certificate of Purchase — Subsequent Deed to Purchaser. —Where a purchaser of land at a sheriff’s sale, after the time for redemption has expired, quitclaims his interest in the land before a sheriff’s deed is given, the quitclaim deed is equivalent to an assignment of the sheriff’s certificate of sale, and if the sheriff afterward execute a deed to the purchaser, the same is void as between the parties.</p>