Lord's Oregon Laws; Showing All the Laws of a General Nature in Force in the State of Oregon Volume 3
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ...and sale, and D took subject to B's prior equities in the land: Baker v. Woodward, 12 Or. 1. 6 Pac. 173. The office of a quit-claim deed is well understood. and although it is as effective, under modern legislation, to convey all the estate which can be transferred by a deed of bargain and sale, yet it shows upon its face that the grantee thcrcin only contracts for such title to the property as the grrmtor has. Such deed is sufficient to pass all the estate which the grantor could lawfully convcy by:1 deed of bargain and sale; but a. material difference is still recognized between the two forms of conveyance. A grantor, under the former conveyance. only intends ordinarily to convey such right to, o-' interest in. the property as he may have, and the grantee does not expect to acquire anything beyond that: while under the latter, the parties usually intend and expect a. transfer of the property itself: American Mortg. C0. v. Hutchinson, '19 Or. 343, 24 Pac. 515. If the terms of a deed clearly show that it was meant to pass an absolute estate to the land itself, and not merely the estate which the grantor had at the time. it will bind and pass every estate or interest which may vest in him subsequently to its execution, and this though it contain no warranty: Taggart v. Risley, 4 Or. 235. ' Vvhcre a grantor covenants to warrant the premises against all persons claiming by, through, or under himself, and he subscquently acquires the legal title to the premises, that legal title will inure to the benefit of the grantee: Triggart v. Risley, supra; Thayer, J., dissenting. The office of our modern conveyances is simply to convey the estate which the grantor has. It is the policy of the law to bind a party to a deed only by express...
- 189 x 246 x 32mm | 1,098g
- 13 Sep 2013
- United States
- black & white illustrations