Dentzel v. Waldie
California Supreme Court
Appeal from the District Court, Sixth Judicial District, Sacramento County. The plaintiff, who was a feme sole, in 1854 acquired the fee to Lot Number Five in the square between I and J and Eleventh and Twelfth streets, in the City of Sacramento. In 1855 she married F. A. Dentzel, and in 1857 she executed to John H. Gass a power of attorney authorizing him to sell the same.
Read the full summary
Appeal from the District Court, Sixth Judicial District, Sacramento County. The plaintiff, who was a feme sole, in 1854 acquired the fee to Lot Number Five in the square between I and J and Eleventh and Twelfth streets, in the City of Sacramento. In 1855 she married F. A. Dentzel, and in 1857 she executed to John H. Gass a power of attorney authorizing him to sell the same. The following is the first part of the power: “ Know all men by these presents, That I, Mary Jane Foster, widow of Samuel Foster, deceased, and now the wife of Frederick A. Dentzel, of the City of New Orleans, and State of…
1Opinion of the Court
By the Court, Sanderson, J.:
Three points are made by counsel for appellant:
1. The power of attorney from plaintiff to Grass was null and void at the time it was made, because at that time married women had no legal capacity to make instruments of that character.
2. Being invalid ft was not subsequently made valid by the Act of 1863, authorizing married women to execute powers of attorney, because that Act is unconstitutional so far as it acts, or was designed to act upon past transactions.
3. The power, if not wholly void for the foregoing reasons, is nevertheless fatally defective, because it…
2Cases cited7 opinions
- Watson v. MercerSupreme Court of the United States · 1834
- Mercer v. WatsonSupreme Court of Pennsylvania · 1833
- Mott v. SmithCalifornia Supreme Court · 1860
- Morrison v. WilsonCalifornia Supreme Court · 1859
- Maclay v. LoveCalifornia Supreme Court · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- People v. BrighamCalifornia Supreme Court · 1979
- Hart v. ChurchCalifornia Supreme Court · 1899
- Strong v. StrongCalifornia Supreme Court · 1943
- Green v. AbrahamSupreme Court of Arkansas · 1884
- Teralta Land & Water Co. v. ShafferCalifornia Supreme Court · 1897
18 more not listed; retrieve them via the Exa API.