Chamberlain v. Bell
California Supreme Court
Appeal from the District Court of the Sixth Judicial District. This is an action to quiet title to land. Both parties claim under deeds derived from one Roland G-elston. It appears from the record, that in April, 1852, one Clough, attorney of Gelston, sold a number of lots, including those in controversy, to Reynolds, defendant’s grantor.
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Appeal from the District Court of the Sixth Judicial District. This is an action to quiet title to land. Both parties claim under deeds derived from one Roland G-elston. It appears from the record, that in April, 1852, one Clough, attorney of Gelston, sold a number of lots, including those in controversy, to Reynolds, defendant’s grantor. The deed was recorded in the proper office, but in the record the number and description of these lots wero, by mistake, omitted. , Afterwards Clough sold the lots to John S. Fowler, under whom the plaintiff claims. Subsequent to the record of Fowler’s deed,…
1Opinion of the CourtTerry, J.
The evident design of the Registration Act was, by establishing a notice equally accessible to all, to protect subsequent bona fide purchasers. The doctrine of constructive notice, under registration laws, has always been regarded as a harsh necessity, and the statutes which create it have always been subjected to the most rigid construction.” Call v. Hastings, 3 Cal., 179. ■ So far as the lots in controversy are affected, the deed of Reynolds was not recorded, until the title of plaintiff's grantor was perfected; and, conceding the propriety of the interlineation, it could only impart notice…
2Cases cited1 opinion
- Call v. HastingsCalifornia Supreme Court · 1853
3Cited by11 opinions
- Gilchrist v. GoughIndiana Supreme Court · 1878
- Lewis v. Superior CourtCalifornia Court of Appeal · 1994
- Cady v. PurserCalifornia Supreme Court · 1901
- Barnard v. CampauMichigan Supreme Court · 1874
- Todd v. Union Dime Savings InstitutionNew York Court of Appeals · 1890
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