Douglas v. Fulda
California Supreme Court
Appeal from the County Court, City and County of San Francisco. Action to recover possession of City Slip lot No. 43, in the city of San Francisco.
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Appeal from the County Court, City and County of San Francisco. Action to recover possession of City Slip lot No. 43, in the city of San Francisco. The plaintiffs averred in their complaint that the plaintiff Elizabeth, on the 7th day of January, 1869, by a written lease, leased to defendants the lot for the term of two years, to commence on the 10th day of March, 1869, reserving a monthly rent of twenty-five dollars, and that the defendants had failed to pay the rent due May 10, 1870. The action was for unlawfully holding over, contrary to the terms of the lease. On the trial, the plaintiff…
1Opinion of the Court
By the Court, Niles, J.:
The property in controversy was claimed to be the separate property of Elizabeth Douglas, a married woman. The lease offered in evidence and excluded by the court, purports to be the deed of Elizabeth Douglas alone, and is executed in her name by Calderwood, her attorney in fact. The power of attorney under which Calderwood acted was upon its face a joint power from W. J. Douglas and Elizabeth Douglas, his wife. The questions presented are, first, was the power effectual to authorize Calderwood to deal with the separate estate of the wife ? and, second, was the power,…
2Cases cited2 opinions
- Ingoldsby v. JuanCalifornia Supreme Court · 1859
- Castro v. TennentCalifornia Supreme Court · 1872
3Cited by1 opinion
- Cousino v. Western Shore Lumber Co.California Supreme Court · 1918