grantor or his successors, for the property, duly acknowl edged for record. [New section.] Mesick vs. Sunderland, 6 Cal., 297; Brannan vs. Mesick, 10 Cal., 95. NOTE. This is intended to hold back the estate in fee simple until its vesting can be authenticated in a manner entitling it to record, furnishing the means and a motive to the grantee to secure the highest evidence of his title, for récord, rather than leave it dependent upon a fact or act required to be strictly performed, and liable at any time to be disputed. escrow. SEC. 1059. A grant may be deposited by the grantor Delivery in with a third person, to be delivered on performance of a condition, and, on delivery by the depositary, it will take effect. In the possession of the third person, with the condition, it is called an escrow. N. Y. C. C., Sec. 468; Beem vs. McKusick, 10 Cal., 538; NOTE. The last clause is new. SEC. 1060. Redelivering a grant of real property to the grantor, or cancelling it, does not operate to retransfer the title. N. Y. C. C., Sec. 469; Snodgrass vs. Picketts, 13 Cal., delivery. SEC. 1061. Though a grant be not actually delivered Constructive 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 parties at the time of execution, understood to be delivered, and under such circumstances that the grantee is entitled to immediate 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. N. Y. C. C., Sec. 470; Hastings vs. Vaughan, 5 Cal., 315. Grants, how interpreted. Construction of instruments. Limitations, how con trolled. Recitals, ARTICLE IV. INTERPRETATION OF GRANTS. SECTION 1065. Grants, how interpreted. 1068. Recitals, when resorted to. 1069. If language ambiguous, what may be considered. 1070. Interpretation against grantor. 1071. Grant, how construed. 1072. Irreconcilable provisions. 1073. Thing granted must be described. 1074. Words "northerly," "southerly," etc., mean what. 1075. Meaning of "heirs" and "issue," in certain remainders. 1076. Words of inheritance unnecessary. 1077. When fee simple title is presumed to pass. 1078. Subsequently acquired title passes by operation of law. SEC. 1065. Grants are to be interpreted in like manner with contracts in general, except so far as is otherwise provided in this article. N. Y. C. C., Sec. 472. SEC. 1066. The interpretation consists in ascertaining, from the language of the instrument, the understanding and intention of the parties at the time of contracting. [New section.] Brannan vs. Mesick, 10 Cal., 95. SEC. 1067. A clear and distinct limitation in a grant is not controlled by other words less clear and distinct. N. Y. C. C., Sec. 473. SEC. 1068. If the operative words of a grant are doubtresorted to. ful, recourse may be had to its recitals to assist the con 1 when If language ambiguous, considered. struction. N. Y. C. C., Sec. 474. SEC. 1069. Parol testimony may be heard to explain what may be latent ambiguities. In such cases, the state of the country, the state of the thing granted, the circumstances attendant upon the transaction, the particular situation of the parties and their acts concerning the property under or subsequent to the grant, may be considered for the purpose of ascertaining the intention. [New section.] United States vs. Appleton, 1 Sumner, 502; Mulford vs. Le France, 26 Cal., 89; Brannan vs. Mesick, 10 tion against SEC. 1070. A grant is to be interpreted in favor of the Interpretagrantee, except that a reservation in any grant, and every grantor. grant by a public officer or body, as such, to a private party, is to be interpreted in favor of the grantor. N. Y. C. C., Sec. 475; Muller vs. Boggs, 25 Cal., 175; construed. SEC. 1071. A grant must be interpreted, if possible, to Grant, how give consistent effect to each word and part. [New section.] Aarens vs. Dale, 18 Cal., 359; Brannan vs. Mesick, 10 SEC. 1072 If several parts of a grant are absolutely Irreconcilairreconcilable, the former part prevails. N. Y. C. C., Sec. 476; Havens vs. Dale, 18 Cal., 359. ble provi sions. SEC. 1073. The thing granted must be described so as Thing to be capable of identification. [New section.] granted must be described. Lick vs. O'Donnell, 3 Cal., 59; Stanley vs. Green, 12 Cal., 148; Schenk vs. Evay, 24 Cal., 104; Cadwell vs. Center, 30 Cal., 539; Reamer vs. Nesmith, 34 Cal., 624; Reed vs. Spier, 27 Cal., 57; Vance vs. Fore, 24 Cal., 435; Kimball vs. Temple, 25 Cal., 440. SEC. 1074. The words "northerly," "southerly," Words "easterly," "westerly," when used in description of land, mean due north, due south, due east, due west, respectively, unless controlled by other words, or by lines, monuments or natural objects. [New section.] Bosworth vs. Dantiew, 25 Cal., 296; Fratt vs. Wood, 32 Cal., 219; Colton vs. Seavey, 22 Cal., 496. "northerly," southerly," what. etc., mean SEC. 1075. Where a future interest is limited by a grant Meaning of "neirs" aud "issue," in certain to take effect on the death of any person without heirs, or heirs of his body, or without issue, or in equivalent words, remainders. such words must be taken to mean successors or issue living at the death of the person named as ancestor. SEC 1076. N. Y. C. C., Sec. 477; Stats. 1855, 171, Sec. 2. inheritance Words of inheritance or succession are not Words of requisite to transfer a fee in real property. N. Y. C. C., Sec. 478; Stats. 1855, 171, Sec. 3. Sec. 1077. A fee simple title is presumed to be intended to pass by a grant of real property, unless it appears from the grant that a lesser estate was intende l. [New section.] unnecessary. when fee simple title to pass. Subsequently acquired title passes by operation of law. SEC. 1078. Where a person purports, by proper instru ment, to grant real property in fee simple, and subsequently acquires any title or claim of title thereto, the same passes by operation of law to the grantee or his successors. "Conveyances," Sec. 33. What title passes. What interests affected. Incidents. Grant may inure to benefit of stranger. ARTICLE V. EFFECT OF TRANSFER. SECTION 1082. What title passes. 1083. What interests affected. 1084. Incidents. 1085. Grant may inure to benefit of stranger. SEC. 1082. 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, and no more, except in the cases specified in Secs. 1083, 1142, N. Y. C. C., Sec. 479. NOTE. The blank sections correspond to Secs. 1745 and 1773 of the New York Civil Code. SEC. 1083. A transfer cannot affect any interest of the transferrer which he does not own when it is made; but, if it is made with a covenant, neither the transferrer nor any person claiming under him can be permitted to take in contravention of the covenant. N. Y. C. C., Sec. 480; "Conveyances," Sec. 33. SEC. 1084. The transfer of a thing transfers also all its incidents, unless expressly excepted; but the transfer of an incident to a thing does not transfer the thing itself. N. Y. C. C., Sec. 481. SEC. 1085. A present interest, and the benefit of a condition or covenant respecting property, may be taken by any natural person under a grant, although not named a party thereto. N. Y. C. C., Sec. 482. CHAPTER II. TRANSFER OF REAL PROPERTY. ARTICLE I. MODE OF TRANSFER. II. FORM AND EFFECT OF TRANSFER-CODE COVENANTS. ARTICLE I. MODE OF TRANSFER. SECTION 1091. Requisites for transfer of real property. 1092. Written instruments, what are. 1093. Grant by married woman, how acknowledged. 1094. Power of attorney of married woman, how acknowledged. 1096. Distinction between sealed and unsealed instruments abol- 1097. Want of consideration, onus probandi, where lies. Requisites for transfer of real SEC. 1091. An estate in real property, other than an estate at will or for a term not exceeding one year, can be transferred or affected only by operation of law, or by property. an instrument in writing, subscribed by the party dispos ing of the same, or by his agent, thereunto authorized by writing. N. Y. C. C., Sec. 483; "Fraudulent Conveyances and NOTE. "Thereunto authorized by writing," is an addition to our statute of "Conveyances" (Sec. 1), but is required by Sec. 6, "Fraudulent Conveyances," and by Videau vs. Griffin, 21 Cal., 389. A transfer of real property is called a grant. At first it seemed of doubtful propriety to change from "deed" to 'grant." Either word is legally sufficient. The ear is more accustomed to "deed" or "conveyance," though "grant" is familiar to common law lawyers. The New York revisers adopt "grant." Considering its derivatives, it is great economy in time and space-"grantor" and "grantee "-which can be so often used in a conveyance in place of "party of the first part" and "party of the second part" (see form of grant). These, we think, are sufficient reasons for the change from "deed" to "grant." Besides, "deed" more especially implies a seal, which has been abolished. SEC. 1092. Written instruments, by which real property is transferred or affected, are called Real Instruments, and are |