Freeman v. Rahm

Citations

• 58 Cal. 111

Syllabus

<p>A Contract for Sale of Real Estate —Statute of Frauds—Attachment—Injunction.—J. R. C. sold to the plaintiff all his interest in the estate of W. J. C., deceased, received the full amount of the purchase money therefor, and executed and delivered to him a full and irrevocable power of attorney to receive his distributive share of the estate; which was duly recorded, but no deed executed; and a decree of distribution was subsequently made by the Probate Court, by which an undivided one eighteenth of certain land of the estate was distributed to J. R. C. Afterwards (March 31st, 1880), an attachment, at the suit of one P., was levied on the interest of J. R. C. in the premises. April 6th, 1880, J. R. C. executed to the plaintiff a deed of all his interest in the land, and the deed was recorded April 24th, 1880. April 12th, 1880, judgment was rendered in the attachment suit against J. R. C., and execution issued, and this suit was brought to enjoin the sale.</p> <p>Held: The plaintiff, if he had any rights, was estopped by the decree of distribution from asserting title to the premises.</p> <p>The power of attorney did not purport to be and was not a transfer of the title; and there was no instrument in writing by which any sale or contract of sale or declaration of trust was evidenced.</p>