Wholey v. Cavanaugh

Citations

• 88 Cal. 132
• 25 P. 1112
• 1891 Cal. LEXIS 660

Syllabus

<p>Deed — Quitclaim—Operative Words.—The usual operative words o£ a quitclaim deed are “ remise, release, and quitclaim.” But all of these are not essential. The words “hath and hereby doth release and forever quitclaim ” are sufficient to constitute a quitclaim deed.</p> <p>Deed — Quitclaim — Effect — Title. — A quitclaim deed passes whatever title the grantor has at the date of its execution.</p> <p>Deed —-Quitclaim — Effect — Covenant of Further Assurance. — The effect of a quitclaim deed in passing the title is not destroyed by a covenant of further assurance inserted therein. Instance.</p> <p>Deed — Quitclaim — Effect—School-land — Certificate of Purchase — Paten® — Relation Back — After-acquired Title. —While a quitclaim deed does not ordinarily pass an after-acquired title, yet when the holder of a certificate of purchase, on which twenty per cent has been paid, makes a quitclaim deed of his interest in the land, and subsequently obtains a patent, the title conveyed by the patent relates back to the inception of the proceedings, and in this way passes to the grantee in the quitclaim deed without any subsequent conveyance from the patentee.</p>