Ralphs v. Hensler

Citations

• 97 Cal. 296
• 32 P. 243
• 1893 Cal. LEXIS 536

Syllabus

<p>Mortgage by Attorney in Fact — Agency — Ratification — Evidence — Admission of Answer — Finding — Execution of Mortgage— In an action to foreclose a mortgage executed by an attorney in fact under a power of attorney which was objected to as not conferring authority to execute the notes and mortgage, an admission by the alleged mortgagor in her answer, and proof by deposition of the attorney in fact, that she authorized the procurement of an agreement with the mortgagee by the attorney in fact, as her agent and on her behalf, for the extension of time for the payment of the mortgage, is, in the absence of evidence that she ever repudiated the éxecution of the notes or mortgage by her assumed agent, prima fade evidence of her ratification of the execution of the notes and mortgage, and is sufficient to support a finding that she executed the notes and mortgage.</p> <p>Id. — Authority of Agent — Effect of Ratification. — The ratification, by the principal, of the acts of his agent is equivalent to original authority to perform the acts.</p> <p>Id. — Implied Ratification. — Ratification of the acts of an agent is implied whenever the acts and conduct of the principal, having full knowledge of the facts, are inconsistent with any other supposition than that of previous authority, or an intention to abide by the act, though it was unauthorized. It is not essential that it be shown that there was assent to and confirmation of the transaction expressed in words.</p> <p>Id. — Relations of Parties. — In determining whether there has been a ratification by a principal of the act of the agent, the relations of the parties are important to be considered.</p> <p>Id.—Evidence — Agency — Ratification — Defective Power of Attorney. — A power of attorney from the alleged mortgagor to the agent, which shows that he was authorized to act as her attorney in fact, to some extent, in regard to all her real property in tins state, even if it is not sufficiently specific to authorize the