McNeil v. Shirley
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Erancisco. This was an action of ejectment. The complaint was in the usual form. The defendants, after putting in issue the allegations of the complaint, alleged an equitable title in themselves, and. asked a decree compelling the plaintiffs to convey to them the legal title, if it should he found that they held it.
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Appeal from the District Court, Twelfth Judicial District, City and County of San Erancisco. This was an action of ejectment. The complaint was in the usual form. The defendants, after putting in issue the allegations of the complaint, alleged an equitable title in themselves, and. asked a decree compelling the plaintiffs to convey to them the legal title, if it should he found that they held it. The case was referred, with instructions to hear and determine all the issues, and report findings and judgment, together with the testimony. The referee reported findings in favor of the defendants,…
1Opinion of the Court
By the Court, Sanderson, J.:
In measuring the power conferred hy Foster’s letter to Dodge, it is incumbent upon us to consider all the circumstances in view of which it was written. Foster supposed that he had already given Dodge full power to sell his lots in San Francisco. In view» of that fact it can hardly be supposed that he intended by his letter to hamper or circumscribe the power which his agent, as he supposed, already possessed, under a different instrument; which he must have supposed, if he thought about it at all, would he the true measure of his agent’s power so far as his…
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