de Racouillat v. Sansevain

Citations

• 32 Cal. 376

Syllabus

<p>Ratification of Act of Attorney in Fact.—If the Court finds as a fact that one person executed a written instrument for another as his attorney in fact, without any power to do so, but that the constituent afterwards expressly ratified the act, the presumption will be that the ratification was in some legal and sufficient mode.</p> <p>Contract of Married Woman.— If a married woman acquired property by inheritance in California before its transfer to the United States, her power to contract concerning it is not governed by the Act of April 17th, 1850, “ defining the rights and duties of husband and wife.”</p> <p>Separate Property of Wife.—Property acquired by descent by a • married woman in California before its cession to the United States, became her separate property under the Mexican law.</p> <p>Power of Attorney of Married Woman.—A married woman may make a valid executory contract, by her attorney in-fact, affecting her separate estate acquired by her in California before its cession to the United States, and her husband may be such attorney in fact.</p> <p>Sale of Children’s Interest in the Common Property to their Father.—If children, upon the death of their mother, inherit one half the common property, a sale by them of this interest to the father, even by an instrument which creates a right in his favor against them which he can only enforce in equity, is a sufficient consideration to support a promise by him to pay them for the same.</p> <p>Right of Alien to hold Property.—The question of the right of a non-resident alien to hold property, at common law and under the civil law, was a matter between the alien and the Government, and could not be called in question in a collateral action between individuals.</p> <p>Agreement between Children and Father.—A claim set up by children to a part of the common property upon tl.e death of their mother, who was a nonresident alien, is a sufficient consideration to render valid an agreement of compromise with their