Meagher v. Thompson
California Supreme Court
Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco. The demanded premises were on Shotwell Street, near Twentieth, fronting thirty feet on Shotwell. John Center owned the lot, and, on the 18th of January, 1864, conveyed it to James Meagher, the husband of the plaintiff, and, on the 2d day of September, 1869, the husband, in consideration of love and affection, conveyed it to his wife.
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Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco. The demanded premises were on Shotwell Street, near Twentieth, fronting thirty feet on Shotwell. John Center owned the lot, and, on the 18th of January, 1864, conveyed it to James Meagher, the husband of the plaintiff, and, on the 2d day of September, 1869, the husband, in consideration of love and affection, conveyed it to his wife. On the 4th day of November, 1869, the husband, who was in San Diego, gave the power of attorney to his wife, and she, on the 26th day of July, 1871, conveyed it to the…
1Opinion of the Court
By the Court, McKinstry, J.:
Complaint in ejectment in the ordinary form. Answer denying title in the plaintiff and admitting the defendant’s possession.
The premises in controversy being the separate property of the plaintiff, her husband, James Meagher, executed his power of attorney, which purported to constitute the plaintiff his attorney with power to grant, bargain and sell, convey or mortgage the same “for such sums or price and upon such terms as she shall see fit to make,” and to execute and acknowledge sufficient conveyance, etc. It is claimed by defendant that the plaintiff, in her…
2Cases cited2 opinions
- Ingoldsby v. JuanCalifornia Supreme Court · 1859
- Dow v. Gould & Curry Silver Mining Co.California Supreme Court · 1867
3Cited by2 opinions
- Gagliardo v. DumontCalifornia Supreme Court · 1880
- Rogers v. RobertsCourt of Appeals of Texas · 1896