Does a separate grantor and grantee have to be separate grantors and grantees?

California, United States of America


The following excerpt is from Clark v. Carter, 265 Cal.App.2d 291, 70 Cal.Rptr. 923 (Cal. App. 1968):

In the recent case of Burke v. Stevens, 264 A.C.A. 30, 35, 70 Cal.Rptr. 87, the court impliedly recognized the need for a separate grantor and grantee when it held that a wife had effectively terminated her joint tenancy interest through a deed of her interest to a third party, even though the conveyances by the wife were effected without the knowledge and consent of her husband, who was the remaining joint tenant; the reviewing court noted that the wife had complied with the requisite steps to terminate the joint tenancy inasmuch as she had executed a power of attorney designating her counsel as her attorney-in-fact, with the specific right and duty to terminate the joint tenancy; in compliance with the authority thus conferred, the attorney conveyed the wife's interest in the property by an unacknowledged and unrecorded deed to a

Page 927

Foreign authority also exists to the effect that a person cannot convey to himself alone, and if he does so, he still holds under the original title. (26 C.J.S. Deeds 13, p. 600; Strout v. Burgess, 144 Me. 263, 68 A.2d 241, 247, 12 A.L.R.2d 939.)

Other Questions


When a grantor deposits a deed with a third party to be handed to the grantee on the death of the grantor, does it constitute a testamentary disposition of his property? (California, United States of America)
When a grantor signs a deed and gives it to his attorney with directions that it should be given to the grantee, does the grantor still have control of the land? (California, United States of America)
What is the test for determining whether a crime committed by the same person as a separate crime is separate and involved separate objectives? (California, United States of America)
Does a prosecutor have to charge each possession of a separate firearm as a separate offense? (California, United States of America)
What is the test for unstayed consecutive punishment for making two separate criminal threats separated by two hours? (California, United States of America)
Is there a separate limitation period for which a plaintiff can bring a separate action for damages until the nuisance is abated? (California, United States of America)
Does Section 654 of the California Criminal Code require separate punishment for crimes committed against separate victims? (California, United States of America)
Does Section 290 of the California Criminal Code require a separate prison term for a defendant who has served two separate felonies, false imprisonment and first degree burglary? (California, United States of America)
Can a defendant argue that marijuana and methamphetamine, packaged separately, were intended for separate buyers? (California, United States of America)
What is the testator's intent in making two separate bequests to separate pension funds? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.