Deeds—Recitals—Estoppel.—Particular recitals in a deed are binding upon parties and privies, and this doctrine applies to the authorized acts of a corporation; but it is essential to an estoppel by deed that the deed itself should be a valid instrument, and if void, though under seal, it does not work an estoppel at law or in equity.

Id.—Recitals of Authority—Conveyance of Pueblo Lands.—Where a conveyance of the pueblo lands of the city of San Diego recited that the qualified electors of the city, held and elected for that purpose, directed, authorized, and empowered the trustees to sell the land in question, and that the board of trustees duly assembled, and acting as such, by resolution, prescribed the terms and conditions upon which sales would be made, the recitals of authority, when coupled with the law, are sufficient evidence to bind the parties, and to show that title passed by the deed, provided it was properly executed.

Id.—Execution of Deed by City Tbustees—Absence of Cobpobate Seal —Oubative Act.—A deed of pueblo lands, executed by the trustees of the city of San Diego, in 1869, who purported to act for and in the name of the city, except that they signed their names as trustees, and affixed their private seals opposite their names, without any corporate seal, was validated by the act of February 7, 1874, validating conveyances from the city of San Diego which had no corporate seal.

Id.—Constitutional Law—Validity of Oubative Act.—The curative act of February 7, 1874, validating conveyances from the city of San Diego which had no corporate seal, and giving them the same effect and validity as if a corporate seal of the city had been regularly provided and properly affixed, is constitutional, and operative in all cases where no vested rights in third parties accrued between the execution of the instrument and the passage of the curative act.

Id.—Tenancy in Common—Title of City.—Where a city conveys an undivided one-half of a pueblo lot, and on the next day conveys the entire west one-half of the same lot to another grantee, such latter conveyance does not affect the title of the city as a tenant in common to an undivided one-half of the east half of the lot.

Id.—Pabtition of Land—Ratification—Sale of Specific Tbact.—A sale by a tenant in common by specific bounds of a portion of the land held in common does not of itself effect a partition of the land, and is not binding upon a cotenant unless ratified by him.

Id.—Estoppel.—Estoppels must be mutual; and where it does not appear that the first grantee of the city, or his successors to an undivided half of the pueblo lot, do not still hold an undivided interest in the west half of the lot, the city cannot be estopped from claiming its original undivided interest in the east half thereof by reason of the conveyance of the west half of the lot as a specific tract to a subsequent grantee.

City of San Diego

lead Opinion