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II. What Operates as a Transfer, :$ 1140-1142.
MODE OF TRANSFER. $ 1135, When must be in writing. $1136. Transfer by sale, etc.
$ 1135. When must be in writing. An interest in a ship, or in an existing trust, can be transferred only by operation of law, or by a written instrument, subscribed by the person making the transfer, or by his agent. En. March 21, 1872.
Cal.Rep.Cit. 55, 565.
$ 1136. Transfer by sale, etc. The mode of transferring other personal property by sale is regulated by the title on that subject, in division third of this code. En. March 21, 1872.
Transfer of obligations: See secs. 1457 et seq.
ARTICLE II. WHAT OPERATES AS A TRANSFER. $ 1140. Transfer of title under sale. 1141. Transfer of title under executory agreement for sale. 1142.
When buyer acquires better title than seller has. $ 1140. Transfer of title under sale. The title to personal property sold or exchanged, passes to the buyer whenever the parties agree upon a present transfer, and the thing itself is identified, whether it is separated from other things or not. En. March 21, 1872.
Cal.Rep.Cit. 76, 218; 86, 463; 107, 357.
Delivery: See secs. 1753 et seq., and ante, sec. 1054.
$ 1141. Transfer of title under executory agreement for sale. Title is transferred by an executory agreement for the sale or exchange of personal property only when the buyer has accepted the thing, or when the seller has completed it. prepared it for delivery, and offered it to the buyer, with intent to transfer the title thereto, in the manner prescribed by the chapter upon offer of performance. En. March 21, 1872.
Cal.Rep.Cit. 63, 576; 77, 144; 93, 534.
$ 1142. When buyer acquires better title than seller has. Where the possession of personal property, together with a power to dispose thereof, is transferred by its owner to another person, an executed sale by the latter, while in possession, to a buyer in good faith and in the ordinary course of business, for value, transfers to such buyer the title of the former owner, though he may be entitled to rescind, and does rescind, the transfer made by him. En. March 21, 1872.
Cal.Rep.Cit. 123, 632.
1146. $ 1147.
1148. $ 1149. $ 1150. $ 1151.
1152. $ 1153.
8 1146. Gifts defined. A gift is a transfer of personal property, made voluntarily, and without consideration. En. March 21, 1872. Cal.Rep.Cit. 83, 265; 99, 21; 121, 678; 126, 534; 131, 66;
134, 605; 138, 170.
$ 1147. Gift, how made. A verbal gift is not valid, unless the means of obtaining possession and control of the thing are given, nor, if it is capable of delivery, unless
there is an actual or symbolical delivery of the thing to
Revoking gifts mortis causa: Sec. 1151, infra.
$ 1149. Gift in view of death, what. A gift in view of death is one which is made in contemplation, fear or peril of death, and with intent that it shall take effect only in case of the death of the giver. En. March 21, 1872.
Cal.Rep.Cit. 105, 147.
$ 1150. When gift presumed to be in view of death. A gift made during the last illness of the giver, or under circumstances which would naturally impress him with an expectation of speedy death, is presumed to be a gift in view of death. En. March 21, 1872.
Cal.Rep.Cit. 121, 677.
$ 1151. Revocation of gift in view of death. A gift in view of death may be revoked by the giver at any time, and is revoked by his recovery from the illness, or escape from the peril, under the presence of which it was made, or by the occurrence of any event which would operate as a revocation of a will made at the same time, but when the gift has been delivered to the donee, the rights of a bona fide purchaser from the donee before the revocation, shall not be affected by the revocation. En. March 21, 1872. Am'd. 1873-4, 226.
Cal.Rep.Cit. 99, 315; 132, 166.
$ 1152. Effect of will upon gift. A gift in view of death is not affected by a previous will; nor by a subsequent will, unless it expresses an intention to revoke the gift. En. March 21, 1872.
Cal.Rep.Cit. 132, 166.
$ 1153. When treated as legacy. A gift in view of death must be treated as a legacy, so far as relates only to the creditors of the giver. En. March 21, 1872.
II. Mode of Recording, $$ 1169-1173.
WHAT MAY BE RECORDED. 1158. What may be recorded. 1159. Judgments may be recorded without acknowledgments 1160.
Letters patent may be recorded without acknowledgment 1161. Instruments must be acknowledged, except, etc.
1162. Same. $ 1163.
Instruments executed under power of attorney not to be
recorded until power is filed. (Repealed.) $ 1164.
Transfers in trust, etc. $ 1165.
Fees of recorder to be indorsed. $ 1158. What may be recorded. Any instrument or judgment affecting the title to or possession of real property may be recorded under this chapter. En. March 21, 1872. Cal.Rep. Cit. 55, 565; 55, 566; 67, 58; 76, 140; 108, 256;
108, 549. Recording of conveyance by one whose name changed: See post, Appendix, title Deeds.
Compare with section 1215, as indicating what may be recorded.
Place of recording: See post, sec. 1169.
Esecution of instrument and acknowledgment to entitle to be recorded: See sec. 1161, infra, and secs. 1180 et seq.
Bona fide purchasers without notice whose deeds are first recorded take precedence over prior grantee: Ante, sec. 1107; post, sec. 1214.
Recorders: See Pol. Code, secs. 4235 et seq.
Effect of recording, or want thereof: See post, secs. 1213 et seq.
8 1159. Judgments may be recorded without acknowledgment. Judgments affecting the title to or possession of real property authenticated by the certificate of the clerk of the court in which such judgments were rendered
(and notices of location of mining claims), may be recorded without acknowledgment, certificate of acknowledgment, or further proof. The record of all notices of location of mining claims heretofore made in the proper office without acknowledgment, or certificate of acknowledgment, or other proof shall have the same force and effect for all purposes as if the same had been duly acknowledged, or proved and certified as required by law. Affidavits showing work or posting of notices upon mining claims may also be recorded in the recorder's office of the county, where such mining claims are situated. En. March 21. 1872. Am'd. 1897, 97.
Cal.Rep.Cit. 129, 363.
1160. Letters patent may be recorded without acknowledgment. Letters patent from the United States or from the state of California, executed and authenticated pursuant to existing law, may be recorded without ac. knowledgment or further proof, and where letters patent bave been lost, or are beyond the control of any party deraigning title therefrom, or for any reason they remain unrecorded, any person claiming title thereunder may cause a transcript of the copy of such letters patent kept by the government issuing the same, duly certified by the officer or individual having lawful custody of such copy, to be recorded in lieu of the original; and such recorded copy shall have prima facie the same force and effect as the original, for title or for evidence, until said original letters patent be recorded. En. March 21, 1872. Am'd. 1877-8, 85.
Cal Rep.Cit. 84, 569.
$1161. Instruments must be acknowledged, except, etc. Before an instrument can be recorded, unless it belongs to the class provided for in either sections eleven hundred and fifty-nine, eleven hundred and sixty, twelve hundred and two, or twelve hundred and three, its execution must be acknowledged by the person executing it, or If executed by a corporation, by its president or secretary, or proved by a subscribing witness, or as provided in sections eleven hundred and ninety-eight and eleven hundred and uirety-nine, and the acknowledgment or proof certified