Treat v. Celis
California Supreme Court
Appeal from the Probate Court, Los Angeles County. Eulogio de Cells, who resided in Bilbao, in the Kingdom of Spain, owned an undivided one half of a tract of land in Los Angeles County, known as the ex-Mission of San Fernando.
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Appeal from the Probate Court, Los Angeles County. Eulogio de Cells, who resided in Bilbao, in the Kingdom of Spain, owned an undivided one half of a tract of land in Los Angeles County, known as the ex-Mission of San Fernando. On the 4th day of ¡November, 1864, he executed and sent to his son, Eulogio F. de Cells, who was living in said county, a power of attorney, written in alternate lines of Spanish and English, of which the following is a copy: Sepan todos como yo Eulogio de Gelis, residente en este villa Know all men that I, Eulogio de Cells, of this Town de Bilbao, España, otorgo poder…
1Opinion of the Court
By the Court, Rhodes, C. J.:
The power of attorney and the letters of the principal were not sufficient authority to the attorney in fact to bind the principal by a contract of sale of the lands in controversy. The question whether the Probate Court has jurisdiction of a proceeding to specifically enforce the performance of a contract of sale of real estate is reserved.
Judgment reversed and cause remanded.
Mr. Justice Crockett did not express an opinion.
2Cited by9 opinions
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