|
S'abject, however, to the estates, interests, incumbrances, easements, liens and charges noted by the memorials hereunder or endorsed hereon; and subject also to whatever right
<br />of appeal from the decree directing the first registration of title, if exercised within the time provided by law for appeal from judgment in a civil action; and subject also to the
<br />exceptions, qualifications, provisions, incumbrances, rights, conditions and benefits, set forth in Sections 34, 35, 36, 37, 38, 39 and 45 of the above mentioned law, enacted
<br />by the People, as aforesaid, which sections read as follows:
<br />Sec. 34. The registered owner of any estate or interest in land
<br />brought under this act shall, except in case of fraud to which he is a
<br />party, or of the person through whom he claims without valuable con-
<br />sideration paid in good faith, hold the sane subject only to such estates,
<br />mortgages, liens, charges, and interests as may be noted in the last
<br />certificate of title in the registrar's office, and free from all others, except:
<br />1. Any subsisting lease or agreement for a lease for a period not
<br />exceeding one year, where there is actual occupation of the land under
<br />lease. The term "lease" shall include a verbal letting.
<br />2. All land embraced in the description contained in the certificate
<br />which has theretofore been legally dedicated as or declared by a com-
<br />petent court to be a public highway.
<br />3. Any subsisting right of way or other easement, created witlin
<br />one year before issue of the certificate upon, over, or in respect of the
<br />land.
<br />4. Any tax or special assessment for which a sale of the land has
<br />not been had at the date of the certificate of title.
<br />5. Such right of action or claim as is allowed by this act.
<br />6. Liens, claims, or rights arising under the laws of the United
<br />States, which the statutes of California can not require to appear of
<br />record upon the register.
<br />Sec. 35. After land has been registered, no title thereto adverse or
<br />in derogation to the title of the registered owner shall be acquired by
<br />any length of possession.
<br />Sec. 36. Except in case of fraud, and except as herein otherwise
<br />provided, no person taking a transfer of registered land, or any estate or
<br />interest therein, or of any charge upon the same, from the registered
<br />owner, shall be held to inquire into the circumstances under which, or the
<br />consideration for which, such owner or any-pzevap.us registered owner
<br />was registered, or be affected with notice, actual or constructive, of any
<br />unregistered trust, lien, claim, demand, or interest; and the knowledge
<br />that any unregistered trust, lien, claim, demand, or interest is in existence
<br />shall not of itself be imputed as fraud.
<br />Sec. 37. In case of fraud, any person defrauded shall have all rights
<br />and remedies that he would have had if the land were not under the
<br />provisions of this act; PROVIDED, that nothing contained in this section
<br />shall effect the title of a registered owner who has taken bona fide for a
<br />valuable consideration, or of any person bona fide claiming through or
<br />under him.
<br />Sec. 38. If a deed or other instrument is registered, which is forged,
<br />or executed by a person under legal disability, such registration shall be
<br />void; provided, that the title of a registered owner, who has taken bona
<br />fide for a valuable consideration, shall not be affected by reason of his
<br />claiming title through some one, the registration of whose right or in-
<br />terest was void, as provided in this section.
<br />Sec. 39. No unregistered estate, interest, power, right, claim, con-
<br />tract, or trust shall prevail against the title of a registered owner taking
<br />bona fide for a valuable consideration, or of any person bona fide claiming
<br />through or under him.
<br />Sec. 45. No person shall commence any action at law or in equity
<br />for the recovery of land, or assert any interest or right in, or lien or
<br />demand upon the same, or make entry thereon adversely to the title or
<br />interest certified in the first certificate bringing the land under the
<br />operation of this act after one year following the first registration. It
<br />shall not be an exception to this rule that the person entitled to bring the
<br />action or make the entry is deceased, an infant, lunatic, or is under any
<br />disability, but action may be brought by such person by his next friend or
<br />guardian or by the administrator or the executor of a deceased person. It
<br />shall be the duty of the guardian, if there is any, to bring action in the
<br />name of his ward whenever it is necessary to preserve or enforce the
<br />ward's rights in registered land; provided, however, before such action
<br />shall proceed, it must be made to appear to the court that the person
<br />bringing such action or those under whom he claims, had no actual notice
<br />of the proceedings to register such lands in time to appear and file his
<br />objections or assert his claim. The provisions of this section shall in no
<br />way affect or disturb the rights of any person in said land, acquired sub-
<br />sequent to the registration thereof, bona fide and without knowledge and
<br />for a valuable consideration.
<br />IN WITNESS WHEREOF, l have hereunto set my hand and caused my official seal to be affixed this -------J141--day of------_APX 1------------------------ 19--- 2.5
<br />Ledger Folio --------------- 6.1--------- at 10: o© A. Lt.
<br />f
<br />..--------------------------- ---- --- - --- - - ---_-
<br />Lot Book Folio--------_--_1�5-______ Registrar of Tl s, San Bernardino County, California
<br />Last Certif.-----------------3_��..
<br />Memorials of Estates, Easements or Charges on the Land described in the Certificate of Title hereto attached
<br />DOCUMENT DATE OF DATE OF REGISTRATION
<br />NUMBER DOCUMENT }TOUR NATURE OF, AMOUNT AND TERMS OF DOCUMENT IN FAVOR Oi MONTH DAY YEAR RESIDENCE SIGNATURE OF RI GISTRA�2
<br />A.M. F,M...... _..._ . _..... . _ ...._ .. _.. _ .. . _ _.
<br />§� U e... ..... .
<br />Subject to a Right of Way for East; Center Street storm7ditch over Westerly 9 meet as per
<br />Deed in Book 17Q of Deeds, gage 23, Recarder's..reo.o ds..of, said_ County. .
<br />Jame a F Wheat
<br />Subject to right of gray to ;Redlands 'Water Company, of Redlands, California, for nape line By Itrs. N. Bo4serman
<br />.......as per. Deed in Book,?9 of Deeds,. page .233 and. Book.. 2° of Deeds,_ _page 65, Recorder" s records Dep.
<br />of said County. _
<br />SEE OVER MEMORIALS CONTINUED ON BACK HEREOF SEE OVER
<br />
|