1 Accession by SECTION 1025. Accession by uniting several things. 1026. Principal part, what. 1027. Same. 1028. Uniting materials and workmanship. 1029. Inseparable materials. 1030. Materials of several owners. 1031. Wilful trespassers. 1032. Owner may elect between the thing and its value. 1033. Wrong-doer liable in damages. SEC. 1025. When things belonging to different owners eral things. have been united so as to form a single thing, and cannot be separated without injury, the whole belongs to the owner of the thing which forms the principal part; who must, however, reimburse the value of the residue to the other owner or surrender the whole to him. Principal Same. Uniting and work- Inseparable materials. N. Y. C. C., Sec. 449. SEC. 1026. That part is to be deemed the principal to which the other has been united only for the use, ornament or completion of the former, unless the latter is the more valuable, and has been united without the knowledge of its owner, who may, in the latter case, require it to be separated and returned to him, although some injury should result to the thing to which it has been united. N. Y. C. C., Sec. 450. SEC. 1027. If neither part can be considered the prin cipal, within the rule prescribed by the last section, the more valuable, or, if the values are nearly equal, the more considerable in bulk, is to be deemed the principal part. N. Y. C. C., Sec. 451. SEC. 1028. If one makes a thing from materials belonging to another, the latter may claim the thing on reimbursing the value of the workmanship, unless the value of the workmanship exceeds the value of the materials, in which case the thing belongs to the maker, on reimbursing the value of the materials. N. Y. C. C., Sec. 452. SEC. 1029. Where one has made use of materials which in part belong to him and in part to another, in order to form a thing of a new description, without having destroyed any of the materials, but in such a way that they cannot be separated without inconvenience, the thing formed is common to both proprietors; in proportion, as respects the one, of the materials belonging to him, and as respects the other, of the materials belonging to him. and the price of his workmanship. N. Y. C. C., Sec. 453. several SEC. 1030. When a thing has been formed by the ad- Materials of mixture of several materials of different owners, and owners. neither can be considered the principal substance, an owner, without whose consent the admixture was made, may require a separation, if the materials can be separated without inconvenience. If they cannot be thus separated, the owners acquire the thing in common, in proportion to the quantity, quality and value of their materials; but if the materials of one were far superior to those of the others, both in quantity and value, he may claim the thing on reimbursing to the others the value of their materials. N. Y. C. C., Sec. 454. trespassers. SEC. 1031. The foregoing sections of this article are wilful not applicable to cases in which one wilfully uses the materials of another without his consent; but, in such cases, the product belongs to the owner of the material, if its identity can be traced. N. Y. C. C., Sec. 455. SEC. 1032. In all cases where one whose material has been used without his knowledge, in order to form a product of a different description, can claim an interest in such product, he has an option to demand either restitution of his material, in kind, in the same quantity, weight, measure and quality, or the value thereof; or where he is entitled to the product, the value thereof in place of the product. N. Y. C. C., Sec. 456. SEC. 1033. One who wrongfully employs materials belonging to another, is liable to him in damages, as well as under the foregoing provisions of this chapter. N. Y. C. C., Sec. 457. owner may elect be tween the thing and its value. Wrong-doer damages. liable in TITLE IV. TRANSFER. CHAPTER I. TRANSFER IN GENERAL. II. TRANSFER OF REAL PROPERTY. III. TRANSFER OF PERSONAL PROPERTY. IV. RECORDING TRANSFERS OF REAL PROPERTY. NOTE.-The obligations of the parties to a transfer for consideration, or to a contract of hiring, are regulated by the Titles on Sales, on Exchange and on Hiring. Transfers in trust for the benefit of creditors are regulated by the Part on Debtor and Creditor. CHAPTER I. TRANSFERS IN GENERAL. ARTICLE I. DEFINITION OF TRANSFER. IV. INTERPRETATION OF GRANTS. V. EFFECT OF TRANSFER. ARTICLE I. DEFINITION OF TRANSFER. Transfer, what. Voluntary transfer. SECTION 1039. Transfer, what. 1040. Voluntary transfer. SEC. 1039. Transfer is an act of the parties, or of the law, by which the title to property is conveyed from one person to another. N. Y. C. C., Sec. 458. SEC. 1040. A voluntary transfer is an executed contract, subject to all rules of law concerning contracts in general; except that a consideration is not necessary to its validity. N. Y. C. C., Sec. 459. ARTICLE II. WHAT MAY BE TRANSFERRED. SECTION 1044. What may be transferred. 1045. Possibility. 1046. Right of re-entry can be transferred. 1047. Owner ousted of possession may transfer. SEC. 1044. Property of any kind may be transferred, What may except as otherwise provided by this article. SEC. 1045. N. Y. C. C., Sec. 460. be transferred. A mere possibility, not coupled with an Possibility. interest, cannot be transferred. N. Y. C. C., Sec. 461. SEC. 1046. A right of re-entry, or of repossession for Right of rebreach of condition subsequent, can be transferred. [New section.] NOTE. This reverses the rule in Sec. 462 (N. Y. C. C.). It harmonizes analogically with the following section, which is based on our statute. SEC. 1047. The owner of real property in the adverse possession of another, may transfer it with the same effect as if in actual possession. [New section.] "Conveyances," Sec. 34. entry can be transferred. ARTICLE III. MEANS OF TRANSFER. SECTION 1051. When oral. 1052. Grant, what. 1053. Term "grant" includes what. 1054. Delivery necessary. 1055. Date. 1056. Delivery to grantee is necessarily absolute. 1057. Grant made on condition subsequent. 1058. Instrument to pass an estate on condition precedent only an executory contract. 1059. Delivery in escrow. 1060. Surrendering or cancelling grant does not reconvey. 1061. Constructive delivery. SEC. 1051. A transfer may be made without writing, When oral. in every case in which a writing is not expressly required by statute. N. Y. C. C., Sec. 464. Grant, what. Term "grant" in SEC. 1052. A transfer in writing is called a grant. N. Y. C. C., Sec. 464. SEC. 1053. Every instrument of writing by which cludes what. property is transferred, whether called a deed, convey. ance, bill of sale or grant, means a "grant," as used in this Title. Delivery necessary. Date. Delivery to grantee is necessarily absolute. Grant made on condition SEC. 1054. A grant takes effect, so as to vest the interest intended to be transferred, only upon its delivery by the grantor. N. Y. C. C., Sec. 465; Hastings vs. Vaughan, 5 Cal., 315; Bar vs. Schroeder, 32 Cal., 610. As to delivery, see cases cited to the next section; also, Sec. 1059, on "Escrows." SEC. 1055. A grant duly executed is presumed to have been delivered at its date. N. Y. C. C., Sec. 466; Bagley vs. McMickle, 9 Cal., 430; Bensley vs. Atwill, 12 Cal., 231; Bar vs. Schroeder, 32 Cal., 610; Fitch vs. Bunch, 30 Cal., 208. SEC. 1056. A grant cannot be delivered to the grantee conditionally. Delivery to him or to his agent as such is necessarily absolute, and the instrument takes effect thereupon, discharged of any condition on which the delivery was made. N. Y. C. C., Sec. 467. SEC. 1057. Where a grant is made upon condition subsubsequent. sequent, and is subsequently defeated by the non-performance of the condition, the person otherwise entitled to hold under the grant must reconvey the property to the grantor or his successors, by grant, duly acknowledged. for record. Instrument to pass an estate on condition precedent only an executory contract. [New section.] NOTE. This section is intended to secure record evidence of title to the grantor, as fully as he had it before the making of the grant. SEC. 1058. An instrument purporting to be a grant of real property, to take effect upon condition precedent, does not pass the estate upon the performance of the condition. Such instrument is an executory contract for the conveyance of the property. Upon the performance of the condition, the grantee is entitled to a grant from the |