Barr v. Schroeder

Citations

• 32 Cal. 609
• 1867 Cal. LEXIS 109

Syllabus

<p>Deed of Trust.—It is not necessary that a deed of trust hy which the grantor conveys to the grantee, in trust to sell the property and pay a debt of the grantor to a third person out of the proceeds, should be delivered to, or assented to, or exouted by the cestui que trust, or that there should he a debt due from the grantor to the cestui que trust, in order, as between the grantor and grantee, to • pass the legal title to the grantee.</p> <p>Idem.—The above rule does not impair the right of a creditor of the grantor to question the bona fides of the deed.</p> <p>Deed to Fictitious Person.—A deed to J. 0. B., when there is no such person in existence, does not transfer the title of the property to any one.</p> <p>Delivery of Deed.—The recording of a deed is not evidence of its delivery hy • the grantor to the grante^ unless the deed comes from the hands of the grantor, or some one claiming through or under him.</p> <p>Idem.—Without the delivery of a deed it is void.</p> <p>Confirmation.—A confirmation is a contract hy which an act that was voidable is made firm and unavoidable.</p> <p>Confirmation of Void Deed.—A deed that was void for want of a delivery, or through mistake in reciting the name of the grantee, cannot be confirmed hy a subsequent deed given for that purpose.</p> <p>Interest which makes Power of Attorney Irrevocable.—The interest which an attorney in fact must have in order to render his power of attorney irrevocable, must be an interest in the property on which the power is to be exercised, and not an interest in the money derived from a sale of the property.</p> <p>Irrevocable Power of Attorney.—A power of attorney may he irrevocable though it is not a power coupled with an interest, as where it is given as security for the payment of money, or is made irrevocable.</p> <p>Power of Attorney not Irrevocable.—A power of attorney which makes the attorney an universal agent for the transaction of all ordinary business will not he held irrevocable, un