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· 7/1/1857

Billings v. Morrow

Citations

  • 7 Cal. 171

Syllabus

<p>Where authority to perform specific acts is given by a power of attorney, and general 11U 4^0 words are also employed, such words are limited to the particular acts authorized. I 7 171</p> <p>A power to sell real estate must be so expressly stated. U¿JS57</p> <p>A general ratification of all the acts of an attorney does not include acts not within the scope of the power. The principal who ratifies, must know the character of the acts to he ratified; otherwise, the ratification is void.</p> <p>Quaere: whether parol testimony is admissible to prove such knowledge; and if so, whether a deed from the principal to the purchaser of the land is not necessary to pass the title.</p> <p>The principal is not bound to notice recorded conveyances executed in his name by his attorney, not authorized by the power.</p>

Judges: Murray

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