Spect v. Gregg

Citations

• 51 Cal. 198

Syllabus

<p>Claiming under a Common Source of Title.—If, in an action of ejectment, both parties claim to derive title from the same source, it is not necessary for the plaintiff to introduce in evidence a conveyance from a former owner to the person having this source of title; and if error is committed in receiving such conveyance in evidence, it does no harm.</p> <p>Descbiftion in a Deed.—A deed of an undivided two-thirds of two leagues of land, part of a Spanish grant of eleven leagues, which describes the two leagues as including the town of Colusa, contains a sufficient description to authorize it to be received in evidence in an action to recover lots in Colusa.</p> <p>Certified Copt of Paper as Evidence.—A certified copy from the recorder’s office of a power of attorney purporting to have been executed by four persons, but acknowledged by one only, is admissible in evidence.</p> <p>Deed as Evidence.—A deed executed by several persons, by their attorney in fact, is admissible in evidence, if the .power was executed by one of the grantors.</p> <p>Deed with Condition Subsequent.—A deed on condition subsequent passes the title to the grantee.</p> <p>Construction of Power of Attorney.—If a power of attorney authorizes the attorney in fact to sell and convey lots in a town “for purposes of actual improvement for mercantile and other purposes,” the agent is authorized to sell, and the words “for purposes,” etc., do not limit his power.</p> <p>Ouster by Tenant in Common.—If, in ejectment, the parties are tenants in common, and the defendant in his answer denies the plaintiff’s title and right of entry, the denial is proof of an ouster.</p> <p>Review of Evidence.—The Supreme Court will not review the evidence to see whether the finding of the jury is sustained by the evidence if the hill of exceptions does not specify that the evidence was insufficient.</p>