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The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) online

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See Kerr's Cyc. C. C. § 1624 and note.

Trusts in real property must be in writing. — See Kerr's
Cyc. C. C. §§ 852, 853 and notes.

§ 1053. GRANT, WHAT. A transfer in writing is called a
grant, or conveyance, or bill of sale. The term "grant," in
this and the next two articles, includes all these instruments,
unless it is specially applied to real property.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 225.

See Kerr's Cyc. C. C. for 36 pars, annotation.

55 C. 564, 565 (meaning of "instrument" — it does not
embrace what); 58 C. 11, 15 (referred to); 67 C. 547, 556, 56
A. R. 726, 4 P. 473, 478, 8 P. 46 (referred to); 93 C. 664, 668, 29

596



Tit.IV,ch.I,art.III.] DELIVERY, NECESSITY OF. § i054

P. 256, 257 (cited); 101 C. 238, 240, 35 P. 772 (referred to); 106 C.
202, 205 (erroneously cited as §1033), 39 P. 531, 532 (same
error); 128 C. 627, 633 (erroneously citing §1052 instead of
this section), 61 P. 371 (same error); 134 C. 603, 605, 65 P. 321,
66 P. 860 (cited); 143 C. 528, 536, 77 P. 471 (cited); 143 C. 646!
649, 77 P. 657 (deed of conveyance, what is and effect of);
6 C. A. 144, 146, 91 P. 658, 659 (construed with other sections-
gift before death of savings-bank pass-book with written order
for payment).

Conclusive on purchaser — To what extent grant is. — See
Kerr's Cyc. C. C. § 1107 and note.

Condition precedent — Grant on. — See Kerr's Cyc. C. C. §1110
and note.

Condition subsequent — Grant on. — See Kerr's Cyc. C. C. § 1109
and note.

Construction of grants. — See Kerr's Cyc. C. C. §§ 1066-1072
and notes.

Deed — Presumption as to time of delivery. — See Kerr's Cyc. C.
C. § 1055 and note.

Delivery necessary. — See Kerr's Cyc. C. C. § 1054 and note.

Form of grant. — See Kerr's Cyc. C. C. § 1092 and note.

Fee simple presumed to pass by grant. — See Kerr's Cyc. C.
C. § 1105 and note.

Homestead — Grant of. — See post § 1243 and note.

Implied Covenants — Effect of use of word "grant." — See post
§ 1113 and note.

"Instrument" defined. — See Kerr's Cyc. C. C. §§ 709, 994, 1056,
1059, 1091, 1093-1095, 1106. 1107, 1110, 1135, 1158. 1161,
1162, 1165, 1170, 1172, 1180-1183, 1185, 1186, 1188, ' 1190.
1193, 1195-1205, 1207, 1215, 1216, 1227-1229, 1451, 1629, 3087, 3413,
3414 and notes.

Rents, reversions, and remainders — Grant of. — See Kerr's Cyc.
C. C. § 1111 and note.

Surrendering or canceling grant — Effect of redelivery. — See
Kerr's Cyc. C. C. § 1058 and note.

Transfer — What constitutes. — See Kerr's Cyc. C. C. § 1039
and note.

§ 1054. DELIVERY NECESSARY. A grant takes effect, so
as to vest the interest intended to be transferred, only upon
its delivery by the grantor.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 57 pars, annotation.

51 C. 73, 74 (not applicable to grants made by or under
authority of the United States); 67 C. 547, 556. 56 A. R. 726. 4
P. 473, 478, 8 P. 46 (applied with other sections*: lOl r. '.-ns.

597



§§ 1055, 1056 CIVIL CODE. [Div.II,Pt.IV.

240, 35 P. 772 (applied); 127 C. 464, 467, 59 P. 897 (applied);
143 C. 528, 536, 77 P. 471 (cited); 6 C. A. 144, 146, 91 P. 658, 659
(construed with other sections — gift before death of savings-
bank pass-book with written order for payment).

C. O. D. — Duty of buyer to t»ay price. — See Kerr's Cyc. C. C.
§ 1784 and note.

Constructive delivery. — See Kerr's Cyc. C. C. § 1059 and note.

Contract takes effect upon delivery. — See Kerr's Cyc. C. C
§ 1626 and note.

Date — Grant presumed to have been delivered at its date. —
See Kerr's Cyc. C. C. § 1055 and note.

Dominion or control over instrument must be parted with by
grantor in order to constitute delivery. — See 63 A. D. 244, 245.

Escrow. — See Kerr's Cyc. C. C. § 1057 and note.

Frauds, statute of — Delivery of part of goods sold. — See
Kerr's Cyc. C. C. § 1624 par. 4 and note.

Gift — 'Necessity for delivery. — See Kerr's Cyc. C. C. § 1147 and
note.

Limitation, condition, or interest — Delivery determines time. —
See Kerr's Cyc. C. C. § 749 and note.

Pledge and collateral security — Delivery necessary. — See
Kerr's Cyc. C. C. § 2988 and note.

Tenants in common and joint tenants — Delivery of shares by
depositary.^ — See 'Kerr's Cyc. C. C. § 1827 and note.

§ 1055. DATE. A grant duly executed is presumed to have
been delivered at its date.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 10 pars, annotation.

61 C. 148 (applied); 75 C. 240, 243, 7 A. S. 151, 17 P. 193, 194
(construed and applied); 101 C. 238, 240, 35 P. 772 (referred to);
108 C. 264, 268, 41 P. 301 (applied); 50 P. 434, 436 (cited); 120 C.
311, 315, 49 P. 563, 52 P. 586 (cited); 122 C. 358, 362, 55 P. 132
(construed and applied); 135 C. 312, 314, 67 P. 279 (applied); 135
C. 316, 319, 67 P. 778 (cited); 2 C. A. 351, 352, 354, 83 P. 455 (pre-
sumption is not conclusive — it may be controverted by other
evidence); 4 C. A. 647, 649, 88 P. 806 (satisfactory evidence to
overcome presumption of delivery is required when).

§1056. DELIVERY TO GRANTEE IS NECESSARILY
ABSOLUTE. A grant cannot be delivered to the grantee con-
ditionally. Delivery to him, or to his agent as such, is neces-
sarily absolute, and the instrument takes effect thereupon,
discharged of any condition on which the delivery was made.

History: Enacted March 21, 1872.
598



TitlV.ch.I.art.III.] ESCROW. § 1057

See Kerr's Cyc. C. C. for 3 pars, annotation.

55 C. 564, 565 (meaning- of "instrument" — it does not embrace
wliat); 101 C. 238, 240, 35 P. 772 (referred to); 137 C. 527, 5:51.
70 P. 556 (referred to).

Party or agent as depositary of escrow. — See K'Mt's Cyc.
C. C. § 1057 and note.



§ 1057. DELIVERY IX ESCKOW. A grant may be depos-
ited by the grantor with a third person, to be delivered on
performance of a condition, and, on delivery by the depos-
itary, it will take effect. While in possession of the third per-
son, and subject to condition, it is called an escrow.
History: Enacted Marcli 21, 1872.

See Kerr's Cyc. C. C. for 55 pars, annotation.

101 C. 238, 240, 35 P. 772 (referred to); 125 C. 146, 149, 57 P.
772 (lield not applicable); 147 C. 702, 705, 82 P. 304 (what is
not effectual delivery of deed, or passage of title); 151 C. 550.
552, 91 P. 329 (effect of delivery of deed to third person for
delivery to grantee upon grantor's death).

DELIVERY IN ESCROW.

As to delivery of deed to third person, generally, see 9 L. N.
S. 224; 9 L. N. S. 317.

Deeds delivered in — Generally, see 53 A. S. 555.

Same — Conditions and contingencies. — See 3 A. P. 415: 7 A.
D. 375; 3 W. & P. 2465.

Same — Depositories. — See 21 A. R. 356; 21 A. R. 4 10; 3 W. &
P. 2466.

Same — Learning in escrow and when deemed pres.-ntly
operative.— See 28 A. D. 408.

Duty and obligation of depository. — See 10 L. 471.

Effect of. — See 5 L>. 697.

Same— Delivery of deed— As further security for mortgage
debt.— See 2 L. N. S. 628.

Same— Same— In escrow as to bona fide purchaser from
grantee who has wrongfully obtained and recorded the deed.—
See 17 L. 511.

Same — To bona tide purchaser from grantee wlio lias wrong-
fully obtained and recorded deed. — See 17 L. 511.

Same — Upon of the imposition of conditions in violation of
vendor's contract. — See 11 L. N. S. 1183.

Escrow defined.— ^ee 5 L. 696; 10 L. 469; 3 W. & P. 2464.

Necessity of delivery to third person. — See 5 L. 696; 12 L. 175.

Revocation of deed.— See 10 L. 471, 12 L. 175.

Right of grantor to revoke deed delivered in to stranger, to

599



§§ 1058, 1059 CIVIL CODE. [Div.II.Pt.IV.

be delivered by the latter to grantee after grantor's death. — See
4 L. N. S. 816.

Testamentary deed — Deposit to take effect on death of
grantor. — See Kerr's Cyc. C. C. § 1057, note pars. 17, 18.

To third party to be delivered upon grantors death. — See 1
A. C. 864.

To whom may be delivered.- — See 5 L. 696; 12 L. 175.

When escrow takes effect. — See 5 L. 697.

When second delivery ineffectual. — See 5 L. 697.

When title passes to grantee. — See 10 L. 470.

§ 1058. SURRENDERING OR CANCELING GRANT DOES

NOT RECONYEY. Redelivering a grant of real property to
the grantor, or canceling it, does not operate to retransfer
the title.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.

147 C. 702, 705, 82 P. 304 (applied — deed in favor of creditor
of grantor delivered in escrow); 151 C. 550, 552, 91 P. 329 (effect
of delivery of deed to third person for delivery to grantee upon
grantor's deatli).

§ 1059. CONSTRUCTIYE DELIYERY. Though a grant be
not actually delivered into the possession of the grantee, it is
yet to be deemed constructively delivered in the following
cases:

1. Where the instrument is, by the agreement of the par-
ties at the time of execution, understood to be delivered, and
under such circumstances that the grantee is entitled to imme-
diate delivery; or,

2. Where it is delivered to a stranger for the benefit of the
grantee, and his assent is shown, or may be presumed.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 6 pars, annotation.

55 C. 564, 565 (meaning of "instrument" — it does not embrace
what); 67 C. 547, 556, 557, 56 A. R. 726, 4 P. 473, 478, 8 P. 46
(construed); 128 C. 531, 546, 58 P. 180, 61 P. 99 (construed with
§ 1059 — rule as to delivery of written instruments is same as
in regard to grants — delivery of life insurance police — delivery
is matter solely of intention).

Gift — Necessity for actual or symbolical delivery. — See Kerr's
Cyc. C. C. § 1147 and note.

600



Tit.IV,ch.I,art.IV.] interpretation. §§1060,1066

Instrument defined. — See Kerr's Cyc. C. C. §§709, 1053. 1056.
post §§1091, 1093-10-95, 1106, 1107, 1110, 1135, 1158, 1161,' II62'
1165, 1170, 1172, 1180-1183, 1185, 1186, 1188, 1190. II93'
1195-1205, 1207, 1215, 1216, 1227-1229, 1629, 3087, 3413, 3414 and
notes.

Question for jury as to delivery. — See Kerr's Cyc. C. C. § 1054
and note.



§ 1060. GRATUITOUS GRWTS TAKE EFFECT L>r:»IEDI.
ATELY; EXCEPTION (repealed).

History: Enacted March 21, 1872; repealed Marcli 30, 1874,
Code Amdts. 1873-4, p. 225.



ARTICLE IV.
INTERPRETATION OP GRANTS.

§ 1066. Grants, how interpreted.

§ 1067. Limitations, how controlled.

§ 1068. Recitals, when resorted to.

§ 1069. Interpretation against grantor.

§ 1070. Irreconcilable provisions.

§1071. Meaning- of "heirs" and "issue," in certain r.ni.i in.l.rs.

§ 1072. Words of inheritance unnecessary.

§ 1066. GRANTS, HOW INTERPRETED. Grants are to
be interpreted in like manner with contracts in general,
except so far as is otherwise provided in this article.
HLstory: Enacted Marcli 21, 1872.

See Kerr's Cyc. C. C. for 97 pars, annotation.

103 C. 516. 518, 37 P. 465 (cited); 104 C. 298, 300, 37 P. 1049
(construed and applied); 150 C. 39, 45, 87 P. 1097 (applied to
deed of quarry).

As to after-acquired title, when passes to grantee, see 58 A.
D. 583.

As to construction of conditions precedent and subsequent in
deeds, see 70 A. S. 829, 832.

As to construction of conditions subsequent in deeds, see 57
A. R. 63; 31 A. S. 46; 79 A. S. 747.

As to construction of deeds in general, see 13 L. 31S.

As to effect of quitclaim deeds, see 53 A. R. 749.

As to interpretation of contracts, see post §§ 1635 et seq.

601



§§ 1067-1069 CIVIL CODE. [Div.II,Pt.IV.

As to when words of present grant do not convey title, see
48 A. D. 45.

As to words sufficient to constitute conveyance, see 31 A. S. 26.

§ 1067. LIMITATIONS, HOW CONTROLLED. A clear and
distinct limitation in a grant is not controlled by other words
less clear and distinct.

History: Enacted March 21, 1872; amended by Code Com-
mission, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 395,
lield unconstitutional, see history, § 4 ante.

See Kerr's Cyc. C. C. for 18 pars, annotation.

86 C. 500, 521, 522, 24 P. 172, 25 P. 64 (construed and applied).

§ 1068. RECITALS, WHEN RESORTED TO. If the oper-
ative words of a grant are doubtful, recourse may be had to
its recitals to assist the construction.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 9 pars, annotation.

As to notice by recitals in deed, see 16 A. D. 754; also
notes §§ 18, 19, ante.

§ 1069. INTERPRETATION AGAINST GRANTOR. A grant
is to be interpreted in favor of the grantee, except that a
resei-vation in any grant, and every grant by a public officer
or body, as such, to a private party, is to be interpreted in
favor of the grantor.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 17 pars, annotation.

83 C. 56, 63, 23 P. 222, 224 (construed and applied); 94 C.
195, 203, 29 P. 491 (applied); 108 C. 38, 44, 41 P. 330 (applied);
118 C. 160, 175, 50 P. 277 (applied); 128 C. 285, 288, 60 P. 855
(referred to with §1442 in construing a deed to lots); 137 C.
401, 70 P. 282 (applied without citation); 138 C. 583, 586, 72 P.
171 (applied); 144 C. 19, Sa, 77 P. 712, 69 P. 228 (construed
and applied); 150 C. 39, 45, 87 P. 1097 (applied to deed of
quarry); 3 C. A. 727, 730, 86 P. 994 (applied to deed executed
while provisions as to powers were in force); 4 C. A. 219, 223, 88
P. 290 (applied — construction of lease in favor of lessee); 7
C. A. 55, 69, 93 P. 391, 396 (this section must be read in
connection with §1654); 7 C. A. 106, 111, 93 P. 900, 903 (restric-
tion on presumption as to easement).

602



Tit.IV,ch.I,art.IV.] "HEIRS" AND "ISSUE." §§ 1070-1072

§ 1070. 1HKE( 0N( ILABLE PROVISIONS. If several parts
of a grant are absolutely irreconcilable, the former part pre-
vails.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 18 pars, annotation.

94 C. 195, 203, 29 P. 491 (applied); 103 C. 516, 518, 37 P.
465 (construed); 104 C. 298, 300, 37 P. 1049 (applied); 150 C.
39, 45, 87 P. 1097 (applied to deed of quarry); 7 C. A. 55.
69, 93 P. 391, 396 (referred to in construing §§ 1069 and 1654).

§1071. MEANING OF "HEIRS" AND ^'ISSLE" IN CER-
TAIN REMAINDERS. Where a future interest is limited by
a grant to take effect on the death of any person without
heirs, or heirs of his body, or without issue, or in equivalent
words, such words must be taken to mean successors, or issue
living at the death of the person named as ancestor.

History: Enacted March 21, 1872, founded upon § 2, Act 1855.
Stats. 1855, p. 171.

See Kerr's Cyc. C. C. for 4 pars, annotation.

As to phrase "dying without issue," meaning and doflnition of.
see 55 A. R. 774.

§1072. >VORDS OF INHERITANCE UNNECESSARY.

Words of inheritance or succession are not requisite to trans-
fer a fee in real property.

History: Enacted March 21, 1872, founded upon § 3. Act 1S55.
Stats. 1855, p. 171.

See Kerr's Cyc. C. C. for 8 pars, annotation.

68 C. 559, 561, 10 P. 197, 198 (applied witli § 1106 to grant
from hushand to wife); 91 C. 74. 81, 27 P. 539. 540, 541 (con-
strued and applied); 104 C. 298, 301, 37 P. 1049 (construed and
applied); 138 C. 583, 586, 72 P. 171 (applied).



603



§§ 10S3-1085 CIVIL CODE. [Div.II.Pt.IV.

ARTICLE V.

EFFECT OF TRANSFER.

§ 1083. What title passes.

§ 1084. Incidents.

§ 1085. Grant may inure to benefit of stranger.

§ 1083. WHAT TITLE PASSES. A transfer vests in the
transferee all the actual title to the thing transferred which
the transferrer then has, unless a different intention is
expressed or is necessarily implied.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

92 C. 514, 524, 27 A. S. 158, 28 P. 593, 596 (referred to); 143 C.
528, 536, 77 P. 471, 474 (applied with other sections); 145 C.
431, 434, 78 P. 962 (applied to assignment of judgment); 6 C.
A. 144, 146, 91 P. 658 (construed with other sections — gift
before death of savings-bank pass-book with written order for
payment).

§ 1084. INCIDENTS. The transfer of a thing transfers
also all its incidents, unless expressly excepted; but the trans-
fer of an incident to a thing does not transfer the thing
itself.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 38 pars, annotation.

69 C. 217, 221, 58 A. R. 558, 10 P. 409, 411 (construed and
applied); 80 C. 310, 313, 22 P. 178, 179 (applied): 92 C. 514,
524, 27 A. S. 158, 28 P. 593, 596 (cited); 104 C. 10, 12, 37 P.
626 (construed and applied); 120 C. 488, 490, 493, 52 P. 843, 40 L.
476 (cited and applied); 138 C. 405, 411, 71 P. 506 (cited); 145 C.
431, 434, 78 P. 962 (applied to assignment of judgment).

For further illustrations of the doctrine, see Kerr's Cyc. C.
C. P. § 662 and note.

Franchise passes under § 388 ante. — See Kerr's Cyc. C. C. P.
§ 662 note pars 13-15.

1085. GRANT MAY INURE TO BENEFIT OF STRANGER.

A present interest, and the benefit of a condition or covenant

604



Tit.IV.ch.II.art.I.] tiiansfeh. Rr-:QrisiTi:s. g |091

respecting property, may be taken by any natural person
under a grant, although not named a party thereto.

IliNtory: Enactid March 21. 1872.

As to cominl.ssloners' comment on above section, seo Ki-rr'«
Cyc. C. C. S 1085, note.



CHAPTER II.

TRANSFER OF REAL PROPERTY.

Article I. Mode of Transfer, SS 1091-1096.
II. Effect of Transfer, S5 1104-1 1 ir>.

ARTICLE I.
MODE OF TRANSFER.

§ 1091. Requisites for transfer of certain estatts.

§ 1092. Form of grant.

§ 1093. Grant by married woman, how acknowledged.

§ 1094. Power of attorney of married woman, how acknowl-
edged.

S 1095. Attorney in fact, liow must execute for prin( ipal.

§ 1096. Conveyance of real estate wlien name of person haJ»
been changed.

§101)1. HE(aiSI'IKS F0|{ TK.VNSFKK (H (IIMVIN
ESTATES. An estate in r(>al property, other than an estate
at will or for a term not exceeding one year, can he trans-
ferred only by operation of law. or by an instrument In writ-
ing, subscribed by the party dispo.sjng of the same, or by his
agent thereunto authorized by writing.

IliHtoryi Enacted March 21. 1S72.

See Kerr's Cyc. C. C. for 26 pars, annotation.

51 C. 258, 260 (applied); 55 C. 564. 565 (meaning of •InBtrii-
ment" — It does not embrace what): 13 C. 541. 544. 15 P. 98. 95
(applied): 81 C. 205. 207, 208. 22 P. 550, 551 (applied): 101 C.
405, 408, 40 A. S. 65. 35 P. 1019 (construed and applied): 108 C.
670, 674, 41 P. 806 (construed and applied): 122 C. 41S. 4?0.
55 J>. 145 (cited): 130 C. 4."i5. 457. 62 P. 738 (referred t-"

605



§§ 1092, 1093 CIVIL CODE. [Div.II,Pt.IV.

C. 320, 322, 64 P. 410 (construed); 134 C. 282, 284, 66 P. 485
(construed and applied).

As to power of attorney, and deed executed under, see 81
A. D. 776.

Written instrument as indispensable evidence of transfer. —
See Kerr's Cyc. C. C. P. § 1971 and note.



§ 1092. FORM OF GRANT. A grant of an estate in real
property may be made in substance as follows:

"I, A B, grant to C D all that real property situated in
(insert name of county) CoUnty, state of California, bounded
(or described) as follows: (Here insert description, or if the
land sought to be conveyed has a descriptive name, it may be
described by the name, as for instance, 'The Norris Ranch').

"Witness my hand this (insert day) day of (insert month),
18... "A. B."

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 10 pars, annotation.

44 C. 132, 138 (applied); 67 C. 536, 539, 8 P. 63, 65 (applied);
72 C. 78, 82, 13 P. 152, 154 (applied); 83 C. 187, 193, 23 P. 361, 362,
364 (construed and applied); 91 C. 74, 81, 27 P. 539, 540, 541
(cited); 105 C. 173, 183, 38 P. 715 (applied); 120 C. 311, 315, 49
P. 563, 52 P. 586 (applied); 122 C. 413, 420, 55 P. 145 (cited);
1 C. A. 159, 162, 81 P. 1015 (general description of land is
sufficient).

Construction of descriptive part of conveyance of real estate.
— As to, see Kerr's Cyc. C. C. P. § 2077 and note.

§ 1093. GRANT BY MARRIED WOMAN, HOW ACKNOWL-
EDGED. A grant or conveyance of real property made by a
married woman may be made, executed, and acknowledged
in the same manner and has the same effect as if she were
unmarried.

History: Enacted Marcli 21, 1872; amended March 14, 1895,
Stats, and Amdts. 1895, p. 53.

See Kerr's Cyc. C. C. for 29 pars, annotation.

53 C. 456, 460 (applied); 55 C. 52, 56, 57 (applied); 55 C. 564,
565 (meaning of "instrument" — it does not embrace what) ; 59
C. 507, 513, 514 (applied); 68 C. 135, 140, 58 A. R. 5, 8 P. 705
(applied in dis. op.); 74 C. 345, 350, 16 P. 189, 192 (applied); 80 C.
65, 67, 22 P. 69, 70 (applied); 83 C. 521, 536, 537, 23 P. 695,, 699

606



Tit.IV,ch.II,art.I.] POWER OF ATTORNEY. §§ 1094, 1095

(applied); 91 C. 606, 607, 608, 610, 27 P. 934, 935, 936 (applied);
101 C. 532, 535, 40 A. S. 81. 35 P. 1054, 1055 (applied — certificate
of acknowledgment is not conclusive); 102 C. 202, 207, 36 P. 358
(applied); 122 C. 341, 348, 349, 68 A. S. 35, 55 P. 3 (applied):
123 C. 491, 494, 495, 497, 56 P. 254 (applied).

Acknowledgment of deeds by married woman. — See 108 A. S.
529, 561; 3 L. 826; 11 L. 193.

Assent of husband to conveyance by wife. — See Kerr's Cyc.
C. C. § 162 and note.

Certificate of acknowledgment, conclusiveness of. — See Kerr's
Cyc. C. C. § 1185 and note.

Deed of purchase by, effect of. — See 57 A. D. 194.

Defectively acknowledged deed of, power of equity to enforce.
—See 19 A. D. 230.

Form and sufficiency of acknowledgment, generally. — See
Kerr's Cyc. C. C. § 1185-1187 and notes.



§ 1094. POWER OF ATTORNEY OF MARRIED WOMAX,
HOW ACKNOWLEDGED. A married woman may make,
execute, and revoke powers of attorney for the sale, convey-
ance, or encumbrance of her real or personal estate, which
shall have the same effect as if she were unmarried, and may
be acknowledged in the same manner as a grant of real
property.

History: Enacted March 21, 1872, founded upon S 1, Act April
3, 1863, Stats. 1863, p. 165; amended March 9, 1895. Stats, an.l
Amdts. 1895, p. 39.

See Kerr's Cyc. C. C. for 10 pars, annotation.

55 C. 564, 565 (meaning of "instrument" — it does not embrace
what).

§109r>. ATTORNEY IN FACT, HOW xMLST EXECUTE
FOR PRINCIPAL. When an attorney in fact executes an
instrument transferring an estate in real property, he must
subscribe the name of his principal to it. and his own name
as attorney in fact.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 5 pars, annotation.

55 C. 564, 565 (meaning of "instrument" — it does not embrace
what).

607



§§ 1096, 1104 CIVIL CODE. [Div.II,Pt.IV.

§ 1096. CONVEYANCE OF REAL ESTATE WHEN NAME
OF PERSON HAS BEEN CHANGED. Any person in whom the
title of real estate is vested, who shall afterwards, from any
cause, have his or her name changed, must, in any conveyance
of said real estate so held, set forth the name in which he or
she derived title to said real estate.

History: Enacted, on recommendation of Code Commission,
Act March 16, 1901, Stats, and Amdts. 1900-1, p. 396, held uncon-
stitutional, see history, § 4 ante; re-enacted March 21, 1905,
Stats, and Amdts. 1905, p. 602; a codification of § 1, Act March
11, 1874, Stats. 1873-4, p. 345.

Misnomer in grantor — "Redman" instead of "Redmond," effect
of. — See Kerr's Cyc. C. C. § 1096, note.



ARTICLE II.

EFFECT OP TRANSFER.

§ 1104. What easements pass with property.

§ 1105. When fee simple title is presumed to pass.

§ 1106. Subsequently acquired title passes by operation of law.

§ 1107. Grant, how far conclusive on purchasers.

§ 1108. Conveyances by owner for life or for years.

§ 1109. Grant made on condition subsequent.

§ 1110. Grants on condition, when absolute.

§ 1111. Grant of rents, reversions, and remainders.

§ 1112. Boundary by highway, what passes.

§ 1113. Implied covenants.

§ 1114. What the term "encumbrances embraces.

§ 1115. Lineal and collateral warranties abolished.

§ 1104. WHAT EASEMENTS PASS WITH PROPERTY. A

transfer of real property passes all easements attached
thereto, and creates in favor thereof an easement to use
other real property of the person whose estate is transferred
in the same manner and to the same extent as such property
was obviously and permanently used by the person whose
estate is transferred, for the benefit thereof, at the time when
the transfer was agreed upon or completed.

History: Enacted March 21, 1872.
608



Tit.IV,ch.II,art.II.] SUBSEQUENT TITLE. §§1105,1106

See Kerr's Cyc. C. C. for 19 pars, annotation.

53 C. 135 (construed and applied); 69 C. 217, 221, 58 A. R. 558,
10 P. 409, 411 (applied); 73 C. 550, 554, 15 P. 131, 134 (cited); 102



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