Overton v. Harband

In Overton v. Harband (1935) 6 Cal. App. 2d 455, Harry Harband obtained title to real property under the assumed name of Henry Schwartz, which was the name of his brother-in-law. He then obtained a loan on the property as Henry Schwartz, executing the deed of trust in that name. The court held that Harband's execution of the deed did not constitute forgery, and the trust deed was valid, because there was no admissible evidence Harband intended to vest title in his brother-in-law. The brother-in-law was unaware of the transactions, made no claim to the property, received none of the money from the loan, and did not authorize the use of his name. The court explained: "'If an owner of property convey by any name, the conveyance as between himself and his grantee is valid and transfers the title. And if one chooses to take the title to real estate in a name other than his true name, so far as that property is concerned he has assumed the name in which he takes title as his true name, and in suits affecting the property he may be sued by such designation.' " (Overton, supra, at p. 465.)