In support of its counterclaim for a declaratory judgment as to title, defendant Mansion Homes submitted documentary evidence of its ownership of the disputed property. The party that purportedly conveyed the lot to plaintiff never had record title to that property, and a grantor cannot convey that which it does not own. It is well settled that, "title and estate which passes under a grant or conveyance, is commensurate only with that existing in the grantor, although he...
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