Beach

Beach v. Faust

Good Law
1935 Cal. LEXIS 327·2 Cal. 2d 290·40 P.2d 822
Supreme Court of CaliforniaJanuary 25, 1935L. A. 14238California915 words

Opinion

Opinion

Waste, J.

This controversy involves a one-third interest in a vacant tract of land in Kings County near the Kettleman Oil Field. This interest originally stood of record in the name of B. W. Marks. While the interest in the property stood of record in Marks’ name, he filed a petition in bankruptcy, and was adjudicated a bankrupt by the United States District Court for the Southern District of California, which includes Kings County. The order of adjudication was made January 29, 1929. No certified copy of the decree of adjudication of bankruptcy was filed in Kings County, as required by the Bankruptcy Act. Marks did not include the property in controversy in the schedule of assets, and the trustee in bankruptcy did not learn of its existence until some time later. Without any knowledge of the bankruptcy, T. A. Slocum, in May, 1929, paid Marks one hundred dollars for a quitclaim deed to the property. Shortly thereafter, Frank F. Faust, one of the appellants, obtained a search of title which showed title vested in Marks, and contained no reference to any bankruptcy proceedings. Faust then called on Marks, ,who told him that he (Marks) had conveyed his interest in the property to Slocum, but…

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