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Wineberg v. Moore

United States District Court for the Northern District of California

194 F.Supp. 12 (1961)

Relevant factsFree

William Wineberg (plaintiff), a Washington resident, bought California property from O.O. Barker but did not record his deed for three years. In the meantime, Barker recorded a timber-sale contract with Construction Engineers, sold the same property to Natural Resources, Inc. (which recorded before Wineberg), and several creditors obtained judgment liens. Wineberg filed a quiet-title suit naming Moore, Construction Engineers, Natural Resources, Inc., and the judgment creditors as defendants. The property had seasonal recreational buildings, a partial wire fence, a gated entry road with a no-trespassing sign bearing Wineberg's name and address, and other posted signs bearing his name.

IssueFree

Whether, under California law, possession of real property in a manner inconsistent with the record title imparts constructive notice to subsequent purchasers of the possessor's claim.

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