DEEDS - EFFECT OF NONCOMPLIANCE WITH STATUTE REQUIRING GRANTOR TO SET FORTH IN DEED NAME UNDER WHICH HE DERIVED TITLE

Authors

Mary Jane Morris, University of Michigan Law SchoolFollow

Abstract

In a suit between plaintiff and defendant Girola Bros., plaintiff obtained a judgment and levied upon certain property. Plaintiff purchased the land at an execution sale and recorded the sheriff's deed conveying the property to him. Prior to the commencement of the action, defendant Girola Bros. had changed its name to Madalay, Inc., and under the latter name had conveyed the property, subsequently levied on by plaintiff, to defendant M. Girola, pending the action by plaintiff. This deed was recorded. It set forth Madalay, Inc., as grantor, but failed to set forth the name in which Madalay, Inc., derived title to the realty as required by section 1096 of the Civil Code of California. The plaintiff brought this action to quiet title to the land, claiming the prior conveyance to defendant M. Girola was void because it failed to comply with section 1096. The contention of the defendants was that a conveyance in disregard of the statute could be attacked only by a subsequent purchaser for value without notice of the change of name by the original owner. Held, because of noncompliance with the statute, the deed from Madalay, Inc., to M. Girola was inoperative to pass legal title; property remained in the grantor and was subject to plaintiff's levy of execution, title passing to him by virtue of the sheriff's sale and deed. Puccetti v. Girola, 20 Cal. (2d) 574, 128 P. (2d) 13 (1942).

Recommended Citation

Mary J. Morris, DEEDS - EFFECT OF NONCOMPLIANCE WITH STATUTE REQUIRING GRANTOR TO SET FORTH IN DEED NAME UNDER WHICH HE DERIVED TITLE, 41 Mich. L. Rev. 980 (1943).
Available at: https://repository.law.umich.edu/mlr/vol41/iss5/19