COL12010621GCA REAL PROPERTY CH.41UNLAWFUL TRANSFERS 1CHAPTER 41 UNLAWFUL TRANSFERS § 41101. Void Instruments, Purchases. § 41102. Purchaser's Notice. § 41103. Revocation, Generally. § 41104. Same. § 41105. Other Provisions. § 41101. Void Instruments, Purchases. Every instrument, other than a will, affectin g an estate in real prope rty, including every charge upon real property, or upon its rents or profits, made with intent to defraud prior or subsequent purchasers thereof, or encumbrancers thereon is void as against every purchaser or encumbrancer, for valu e, of the same property, or the rents or profits thereof. SOURCE: CC '1227. § 41102. Purchaser's Notice. No instrument is to be avoided under the last section in favor of a subsequent purchaser or encumbrancer having notice thereof at the time his purchase was made, or his lien acquired, unless the person in whose favor the instrument was made was privy to the fraud intended. SOURCE: CC '1228. § 41103. Revocation, Generally. Where a power to revoke or modify an instrument affecting the title to, or the enjo yment of, an estate in real property, is reserved to the grantor, or given to any other person, a subsequent grant of, re a power to revoke or modify an instrument affecting the title to, or the enjo yment of, an estate in real property, is reserved to the grantor, or given to any other person, a subsequent grant of, or charge upon, the estate, bythe person having the power of revocation, in favor of a purchaser or encumbrancer for value, operates as revocation of the original instrument, to the extent of the power, in favor of such purchaser or encumbrancer. SOURCE: CC '1229. § 41104. Same. Where a person having a power of revocation, within the provisions of the last section is not entitled to execut e it until after the time at which he COL12010621GCA REAL PROPERTY CH.41UNLAWFUL TRANSFERS 2makes such a grant or charge as is described in that section, the power is deemed to be executed as soon as he is entitled to execute it. SOURCE: CC '1230. § 41105. Other Provisions. Other provisions concerning unlawfu l transfers are contained in Part II, Division Fourth, of this Code, concerning the special relations of debtor or creditor. SOURCE: CC '1231. ----------COL120106
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