Mowry v. Mowry

Citations

• 103 Cal. 314
• 37 P. 398
• 1894 Cal. LEXIS 771

Syllabus

<p>Deed—Sale Under Power—Recital of Consideration—Prima Facie Evidence.—The production of a power of attorney authorizing the sale and conveyance of property, and a deed executed by the attorney purporting to be a grant, bargain, and sale deed, reciting a consideration, makes a prima facie case sufficient to support a verdict in favor of the grantee, against the heirs of the grantor, in the absence of evidence to overcome it.</p> <p>Id.—Purchase by Attorney in Fact—Gift to Grantee—Finding of Sale—Delivery of Déed by Grantor—Ratification. — Evidence showing that the purchase was made by the attorney in fact from the • grantor, and that the deed was made to the grantee, the son of the attorney in fact, as a gift from his father, the father having paid the purchase money by the extinction of indebtedness from the grantor to himself, and that the grantor personally delivered a deed executed by the attorney in fact to the grantee, is sufficient to justify a jury in finding that there was a sale to the grantee for a consideration; and the act of the attorney in fact, in executing the deed, was ratified by the principal, by his personal delivery of the deed.</p> <p>Id.—Evidence—Canceled Notes—Payment.—The notes from the grantor to the attorney in fact, with indorsements thereon, showing a payment, coinciding with the date of the deed, are admissible in evidence in connection with testimony that the grantor owed the attorney in fact money on notes, and that the deeds were in payment.</p>