Foulke v. De Witt

Citations

• 5 Cal. Unrep. 942
• 52 P. 476
• 1898 Cal. LEXIS 1042

Syllabus

<p>Vendor and Purchaser—Authority of Agent—Execution—Sale —Satisfaction—Vendor and Vendee.—Where a Husband and Wife sue to compel a conveyance of land to the wife, and he alleges in the complaint that he has no interest in the land, defendant cannot object that he was bound to convey to the husband, who had not in writing authorized a conveyance to the wife, as the complaint is a sufficient authorization.</p> <p>Vendor and Vendee.—A Husband Contracted to Buy Land, and thereafter the wife tendered the amount due, and then sued to compel a conveyance to her. In the meantime an intervener had bought the land under an execution in his favor against the husband, and received a certificate of sale. Held, that the intervener could not complain of a decree requiring the wife to deposit with the clerk the amount of such execution, costs, interest, etc., to be paid to him upon his discharging his certificate, as a condition precedent to a conveyance to her by defendant.</p>