Wunderlin v. Cadogan (1875) · DecisionDepot

Wunderlin v. Cadogan

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1875 No. No. 4817Published

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Holding. The court held that the plaintiff possessed legal title rather than equitable title because the prior instrument relied upon by the lower court was void for failing to name a grantee.

Issues

Whether the plaintiff held equitable or legal title to the premises.
Whether the prior instrument delivered to Clark constituted a valid conveyance.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“the instrument previously delivered by them to Clark (which is the pretended deed to Marshall) was void as a conveyance—there being no grantee mentioned therein.”

Synopsis

Deed.—A. deed which does not contain the name of a grantee is void as a conveyance, and if a person to whom it is thus delivered afterwards inserts the name of a grantee, such pretended grantee acquires no title, and purchasers from him, with notice, do not acquire title.

By the Court : In concluding that the title of the plaintiff was equitable merely, the court below must have overlooked the fact that Hayes and Caperton had conveyed the premises directly to the plaintiff. At the time that the latter conveyance was made, the legal title was in the grantors; for the instrument previously delivered by them to Clark (which is the pretended deed to Marshall) was void as a conveyance—there being no grantee mentioned therein.

Judgment reversed, and cause remanded for a new trial. Remittitur forthwith.

Wunderlin v. Cadogan

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