Stafford v. Lick
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. This was an action of ejectment for the recovery of the possession of fifty-vara lot FTo. 195, in the city of San Francisco. The plaintiffs rely on a conveyance to them in 1854, from Maximo Z. Fernandez, the original grantee of the lot.
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Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. This was an action of ejectment for the recovery of the possession of fifty-vara lot FTo. 195, in the city of San Francisco. The plaintiffs rely on a conveyance to them in 1854, from Maximo Z. Fernandez, the original grantee of the lot. The defendants, James Lick and Jean Ducau, claim title, each to one-half of the lot, under conveyance by Fernandez to José Jesus Koé, in 1846, and by conveyance from Koe. All the title-deeds of defendants were duly recorded, except the conveyance of Fernandez to Koé,…
1Opinion of the CourtMurray, C. J.
*486This was an action of ejectment in the Court below. Trial and judgment for defendants. Several grounds of error are assigned by the appellants, which it is considered unnecessary to mention.
Passing by the question, whether a parol sale of real estate was good under the Mexican law, and treating the written instrument as a conveyance from Fernandez to Uoe, we will proceed to inquire what the effect of such a conveyance is as against a subsequent purchaser in good faith. This inquiry involves three questions: 1st, "Whether the forty-first section of the Recording Act requires conveyances made…
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