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Cal. Civ. Code § 1059

Mode of Transfer

Applied in 19 court decisions — leading case Hibberd v. Smith (1885)

Most recently applied in 73 Cal. App. 4th 338 - Yamaha Corp. of America v. State Board of Equalization (June 1999)

Enacted 1872.

How often courts cite this section

188519001920194019601980199920
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Though a grant be not actually delivered 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.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.