McDonald v. Edmonds
California Supreme Court
Appeal from the District Court of the Third Judicial District, County of Alameda. Ejectment to recover a tract of land in Alameda County. On the 23d of July, 1866, the defendant and his son, Joel M. Edmonds, were in the possession of a tract of land containing about four hundred acres. On that day the son sold and conveyed to R. Dana the whole tract. Dana then entered •upon it, and he and the defendant continued to reside on it.
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Appeal from the District Court of the Third Judicial District, County of Alameda. Ejectment to recover a tract of land in Alameda County. On the 23d of July, 1866, the defendant and his son, Joel M. Edmonds, were in the possession of a tract of land containing about four hundred acres. On that day the son sold and conveyed to R. Dana the whole tract. Dana then entered •upon it, and he and the defendant continued to reside on it. On the 15th of October, 1866, Dana and defendant, by a quitclaim deed, conveyed the whole tract to the plaintiff. The plaintiff purchased the whole tract to enable…
1Opinion of the Court
By the Court, Crockett, J.:
The conveyance by the defendant to the plaintiff of the four hundred acres, including the premises in controversy, was by a quitclaim deed; and it appears from the findings that the land was then a part of the public domain of the United States. It has been repeatedly decided by this Court that a conveyance by a quitclaim deed does not preclude the grantor from afterwards acquiring and holding for his own use the true title to the land. (Gee v. Moore, 14 Cal. 472; San Francisco v. Lawton, 18 Cal. 465; Morrison v. Wilson, 30 Cal. 344; Cadiz v. Majors, 33 Cal. 288.)…
2Cases cited4 opinions
- Gee v. MooreCalifornia Supreme Court · 1859
- City of San Francisco v. LawtonCalifornia Supreme Court · 1861
- Morrison v. WilsonCalifornia Supreme Court · 1866
- Cadiz v. MajorsCalifornia Supreme Court · 1867
3Cited by5 opinions
- Tabler v. PeverillCalifornia Court of Appeal · 1906
- Sacre v. ChalupnikCalifornia Supreme Court · 1922
- Witcher v. ConklinCalifornia Supreme Court · 1890
- Morse v. PicklerSouth Dakota Supreme Court · 1912
- Morrow v. Warner Valley Stock Co.Oregon Supreme Court · 1909