Billings v. Morrow
California Supreme Court
Appeal from the District Court of the Sixth Judicial District. This was an action of ejectment to recover possession of a lot of land in the city of Sacramento. The plaintiff put in as part of his chain of title, a power of attorney, and a subsequent ratification, both of which are set forth in full, in the opinion of the Court, and the force and effect of which constitute the only question in the case.
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Appeal from the District Court of the Sixth Judicial District. This was an action of ejectment to recover possession of a lot of land in the city of Sacramento. The plaintiff put in as part of his chain of title, a power of attorney, and a subsequent ratification, both of which are set forth in full, in the opinion of the Court, and the force and effect of which constitute the only question in the case. A motion for a nonsuit was made and overruled, and the jury found a verdict for the plaintiff, upon which the Court entered judgment accordingly. Defendants appealed.
1Opinion of the CourtMurray, C. J.
This was an action of ejectment in the Court below.
The plaintiff deraigns his title from John A. Sutter, Sr., through sundry mesne conveyances, the first of which purports to have been executed by virtue of a power of attorney from Sutter to Henry A. Schoolcraft, dated the twenty-eighth of July, 1849, which is in the following words, viz.: “John A. Sutter to Henry A. Schoolcraft: Know all men by these presents, that I, J. A. Sutter, have this day made, constituted, and appointed Henry A. Schoolcraft my true and lawful attorney, for me and in my name to superintend my real and personal estate,…
2Cited by27 opinions
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