Jones v. Marks

Citations

• 47 Cal. 242

Syllabus

<p>Coksibuction of Poweb of Attobney.—A power of attorney in which the principal authorizes the agent to make contracts, to settle outstanding debts, and generally to do all things that concern his interest in any way, real and personal, to use the principal’s name to release others, to bind the principal as he may deem proper and expedient, and making the agent his general attorney and agent, and ratifying and confirming whatever the attorney may do by virtue of the power, authorizes- the attorney to execute a lease of the principal’s real estate for a term exceeding one year, and to execute any instrument affecting the real estate of the principal, unless, it may be, a conveyance of it.</p> <p>Becobd and Powees oe Atiobney.—By the Act of 1850 concerning conveyances, powers of attorney which do not authorize the agent to make an absolute conveyance of real estate, but which authorize him to make a lease of the principal’s land for a term exceeding one year, or to make any other instrument affecting the real estate of the principal, except executory contracts for the sale thereof, are entitled to record.</p> <p>A Lease a Conveyance.—A lease for a term exceeding one year is a “ conveyance” within the definition of that word, as used in Sections 27 and 36 of the recording Act of 1850.</p> <p>Cebtieied Copy op Becobd as Evidence.—A certified copy of the record of a power of attorney, which is entitled to record, is admissible in evidence.</p> <p>Veebal Sale of Land which Gives Purchases an Equitable Title.—If an attorney in fact, who is not authorized by the power to execute an absolute deed of the land of his principal, but who is authorized by the power to execute a contract for the sale of the land, sells the land, receives the purchase money, places the purchaser in possession, and executes an absolute deed for it, the transaction amounts to a valid verbal sale, and creates a valid equitable title in the purchaser and his successors in interest.</p> <p>Possession o