Ayres v. Palmer

Citations

• 57 Cal. 309

Syllabus

<p>Power of Attorney.—A power of attorney gave the power to sell and convey or to mortgage land; the land being incumbered, the attorney, with intent to mortgage it for a sum sufficient to pay off the incumbrance and to pay off certain debts of his own, conveyed the land to J. B., upon no other consideration than to cause him to mortgage the land for said sum, which was done; and then J. B., at the request of the attorney, conveyed the land to the principal. Held, that the transaction was a mode of mortgaging the land within the meaning of the power, and was valid.</p> <p>Id.—After Acquired Title.—At the date of the power of attorney, the title to the land was in the United States, but the principal in the power of attorney was in possession by an agent, and had the privilege, under the ’ Act of March 3rd, 1865, to purchase from the Government at $1.25 per acre, and had filed his application therefor; afterwards, and prior to the date of said deed to J. B., a patent for the land issued to said principal. Held, that the title thus acquired passed to J. B. and to the mortgagee.</p>