Brenham v. Davidson

Citations

• 51 Cal. 352
• 1876 Cal. LEXIS 47

Syllabus

<p>Construction of Deed.—A deed by which a husband bargains and sells real estate to his wife and son by name, and to such other heirs as the wife may have during the marriage, and after her decease to the children of the marriage, their heirs and assigns forever, vests the estate in the wife and son named in the conveyance in equal parts as tenants in common, in fee simple, even if other children are afterwards born to the spouses.</p> <p>Bade of Land of Infant by Guardian.—The guardian of an infant who is authorized by an act of the Legislature to sell the real estate of his ward, subject to the approval of the sale by the Probate Court, has no authority to accept anything hut money in payment of the pnrchase-money.</p> <p>Account in Equity between Guardian and Ward.—If an infant owns an undivided half of a tract of land as a tenant in common with his mother, and the father and husband, as his guardian, sells the whole tract and receives in payment of the purchase-price a part in money and the other part by canceling, with the consent of the wife, a debt due from the guardian to the purchaser, equity will compel the wife to accept as her portion of the purchase-price the debt thus canceled, and will decree the money paid, to the ward, and the ward has no claim against the purchaser.</p> <p>Act authorizing Guardian to sedd Land of Infant.—An act of the Legislature which authorizes the guardian of an infant to sell the real estate of such infant, subject to the approval of the Probate Court, for the purpose of enabling the guardian to reinvest the proceeds in other property for the benefit of the ward, is not an assumption of judicial power by the Legislature, and a sale made by the guardian in compliance with it is valid.</p>