People v. Baender

In People v. Baender (1924) 68 Cal.App. 49, Baender and his wife owned certain real property put up for sale by the sheriff. Baender convinced an associate, Schyler, to purchase the property and convey it to Baender's brother-in-law, Gillellen, misspelling the grantee's name "Gillelen." Gillellen was unaware of the transaction. The deed was delivered to Baender, who subsequently negotiated an exchange of the property. Asserting that the property belonged to his brother-in-law, Baender produced a man whom he misrepresented to be his brother-in-law to execute the deed. ( Baender, supra, at pp. 53-54.) Baender was later charged with forgery of the deed. He denied the charge, arguing he had taken title from Schyler by assuming Gillellen's name as a fictitious name (thus the misspelling of "Gillellen"). The court rejected the argument, because the evidence established that Gillellen, not Baender, was the one intended to hold title, and Baender himself had asserted title was vested in his brother-in-law. ( Baender, supra, 68 Cal.App. at pp. 56-57.)