Le Clert v. Oullahan
California Supreme Court
Appeal from the District Court, Fifth Judicial District, County of Stanislaus. One Stryker settled upon and pre-empted a tract of land in Stanislaus County, and, on the 19th of May, 1875, made the necessary proofs and paid for it, and received a certificate -of purchase. On the 4th of September, 1875, Stryker conveyed the land to the plaintiff, and gave him the certificate of sale.
Read the full summary
Appeal from the District Court, Fifth Judicial District, County of Stanislaus. One Stryker settled upon and pre-empted a tract of land in Stanislaus County, and, on the 19th of May, 1875, made the necessary proofs and paid for it, and received a certificate -of purchase. On the 4th of September, 1875, Stryker conveyed the land to the plaintiff, and gave him the certificate of sale. The conveyance was not recorded, and on the 8th day of September, 1875, defendant Oullahan, who was a creditor of Stryker, sued him on a promissory note and attached the land. Oullahan afterward obtained judgment…
1Opinion of the Court
An unrecorded deed is good between the parties, and as to all the world but subsequent purchasers in good faith. (Hastings v. Vaughn, 5 Cal. 315; Ricks v. Reed, 19 Cal. 577.) It is also good as against an attaching creditor. (Plant v. Smythe, 45 Cal. 161; Rose v. Munie, 4 Cal. 174.)
Terry, McKinne & Terry, for the Despondents.
By the Coubt :
The writ of attachment in the case of Oullahan v. Stryker was levied September 8th, 1875. On the 4th of September, 1875, Stryker had conveyed the premises to Le Clert, the plaintiff, and on the next day had assigned to him the certificate of purchase.…
2Cases cited4 opinions
- Hastings v. VaughnCalifornia Supreme Court · 1855
- Plant v. SmytheCalifornia Supreme Court · 1872
- Prow v. MunieCalifornia Supreme Court · 1854
- Sharp v. MaguireCalifornia Supreme Court · 1862
3Cited by3 opinions
- Ward v. WatermanCalifornia Supreme Court · 1890
- Finnie v. SmithCalifornia Court of Appeal · 1927
- Synnott v. ShaughnessyIdaho Supreme Court · 1885