Bull v. Shaw
California Supreme Court
Appeal from the" District Court, Second Judicial District, County of Tehama. Action to foreclose a mortgage, executed by S. B. Shaw to J. N. Williams, on the 21st day of November, 1867, on the northeast quarter and north half of southeast quarter of section twelve, township twenty-four north, range two west, Mount Diablo base and meridian. The plaintiff was the assignee of the note and mortgage.
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Appeal from the" District Court, Second Judicial District, County of Tehama. Action to foreclose a mortgage, executed by S. B. Shaw to J. N. Williams, on the 21st day of November, 1867, on the northeast quarter and north half of southeast quarter of section twelve, township twenty-four north, range two west, Mount Diablo base and meridian. The plaintiff was the assignee of the note and mortgage. The land was public land when the mortgage was given, and Shaw was residing on it. On the 1st day of October, 1868, Shaw sold the land to J. W. Delaney for the consideration of one thousand five…
1Opinion of the Court
By the Court, McKinstry, J.:
The thirty-third section of the “ Act concerning conveyances,” provides in effect that if any person (not having the legal estate) shall convey land by conveyances purporting to convey the same in fee simple, and shall afterward acquire the legal estate, the estate subsequently acquired shall immediately pass to his grantee.
If Shaw had acquired the Government title after the execution of the mortgage, and, still later, had conveyed to Delaney, the latter and his heirs would have been es-*459topped from asserting such title against the mortgage, because, in that case,…
2Cases cited2 opinions
- Kirkaldie v. LarrabeeCalifornia Supreme Court · 1866
- Clark v. BoyreauCalifornia Supreme Court · 1860
3Cited by5 opinions
- Stewart v. PowersCalifornia Supreme Court · 1893
- Norris v. HealdMontana Supreme Court · 1892
- Bass v. BukerMontana Supreme Court · 1887
- Wren v. PeelTexas Supreme Court · 1885
- Stewart v. PowersCalifornia Supreme Court · 1893