Hager v. Spect

Citations

• 52 Cal. 579

Syllabus

<p>Power oe Attorney.—If a party relies on a grant of land under a power of attorney, the authority of the attorney must be shown.</p> <p>Conveyance.—Where two owned a tract of land in undivided moieties, and a conveyance of an undivided two-thirds of the tract was made by one in his own name and as the attorney in fact for his cotenant: held, that as the authority to act as attorney in fact did not exist, the deed would be regarded only as the sole deed of, and as passing the undivided half interest held by, the party executing the conveyance.</p> <p>Deed.—A deed will be construed most strongly against the grantor. Description.—If there be conflicting descriptions in a deed, that which is most strongly against the grantor will be adopted.</p> <p>Estoppel.—Though an estoppel might exist in favor of a bona fide purchaser against a person assuming to act under a power of attorney not executed by the owner of land, there is no estoppel in favor of such bona fide purchaser against one who purchases subsequently from the agent (behaving acquired the title) his interest in the premises, such party subsequently purchasing having no notice of the existence or contents of the purported power. Estoppel in pais. — Matter constituting estoppel in pais is not within the Registry Act.</p> <p>Recording.— The intention of the Registry Act of 1851, in requiring conveyances to be recorded, was to give notice to subsequent purchasers that the owner had parted with or incumbered his estate by a conveyance in his own name, or by his attorney in fact.</p> <p>Idem.—The record of a power of attorney, not given by the owner, is not within the act.</p> <p>(Notice.—The only effect of the Recording Act is to give notice of the contents of an instrument by which the land of the grantor is conveyed or may be affected—that is to say, of some right, title, or interest conveyed to or vested in the party to whom the instrument is made.</p>