Frey v. Clifford
Before: Belcher
Synopsis
Purchaser tor Valuable Consideration under Registry Act.—A mortgagee, in a mortgage given to secure a preexisting debt, is a purchaser lor a valuable consideration within, the meaning of that clause in the Act concerning conveyances, which provides that every conveyance of real estate which shall not have been recorded, shall he void as against any subsequent purchaser in good faith and for a valuable consideration, whose conveyance shall have been first duly recorded.
Quitclaim Deed.—A quitclaim deed of “all my right, title, and interest in Sacramento City, Upper California, consisting of town lots and buildings thereupon,” passes the grantor’s interest in his lots in Sacramento.
Idem.—Such deed, if made in good faith and for a valuable consideration, and without notice, will prevail over an older deed which is subsequently recorded.
Purchase under Mortgage Sale.—A mortgagee who talces a mortgage to secure a preexisting debt, and has it recorded, and forecloses it and buys the mortgaged property at Sheriff’s sale, and applies the proceeds on his decree without notice of a previous unrecorded deed, acquires a title superior to that vested in the grantee in the previous unrecorded deed.
By the Court, Belcher, J.: This is an action to recover the possession of certain lots in the City of Sacramento. Both parties claim title under John A. Sutter, Senior, as the common source. The case was tried in the Court below without a jury. Upon the facts found by the Court judgment was rendered in favor of [340]the defendant. The appeal is upon the judgment roll, and it is claimed that the Court erred in its conclusions of law.
The facts are substantially as follows: On the 15th of January, 1850, John A. Sutter, Senior, conveyed the lots in controversy to O. 0. Pratt by a bargain and sale deed with covenants of warranty. The deed expressed a consideration *of fifty thousand dollars,. but no money consideration was actually paid. The deed was given to enable Pratt to sell and convey the lands described in the deed, and he was to have" a certain percentage of the purchase money as his commissions. This deed was recorded on the 15th day of December, 1855.
On the 11th of December, 1855, Pratt, by the direction and at the request of Sutter, Senior, conveyed the lots by deed of gift to Anna Sutter, wife of Sutter, Senior. This deed purported to be made in consideration of the “ esteem and respect ” which the grantor had for the grantee, and was recorded on the 15th of December, 1855.
In February, 1868, Anna Sutter conveyed the' lots to the plaintiff.
On the 7th of May, 1850, Sutter, Sr., conveyed to John A. Sutter, Jr., for the expressed consideration of one dollar, all his “ right, title, and interest in Sacramento City, Upper California, consisting of town lots and buildings standing thereupon.” Sutter, Jr., took this deed with actual notice of the deed to Pratt, and paid no consideration therefor. The deed was recorded on the 20th of May, 1850.
The defendant deraigned title to the demanded premises from Sutter, Jr., through several conveyances, purporting to convey the title, the last of which was to Humphrey Griffith, and bore date July 13th, 1852. Griffith paid no valuable consideration for the premises, and all the intermediate grantees took their deeds with actual notice of the deed to Pratt.
On the 17th of July, 1854, Griffith mortgaged the premises to Hodgdon to secure a preexisting debt owing from [341]
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