Sullivan v. Davis
California Supreme Court
Appeal from the Fourth Judicial District. The plaintiff brought this action to recover a lot at the northeast corner of Dupont and Sacramento streets, in San Francisco, and damages for withholding the possession. There was but one count in the eomplaint. Plaintiff claimed under, and produced a quit claim deed, dated October 21st, 1852, from D. A. Cheever and Henry Cheever to him, which was executed by D. A. Cheever, by his attorney, Henry Cheever.
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Appeal from the Fourth Judicial District. The plaintiff brought this action to recover a lot at the northeast corner of Dupont and Sacramento streets, in San Francisco, and damages for withholding the possession. There was but one count in the eomplaint. Plaintiff claimed under, and produced a quit claim deed, dated October 21st, 1852, from D. A. Cheever and Henry Cheever to him, which was executed by D. A. Cheever, by his attorney, Henry Cheever. The power of attorney was in these words: “Know all men by these presents, that'I, David A. Cheever, of California, do, and by these presents have…
1Opinion of the CourtJustice Hevdeneeldt
Mr. J. Wells concurred.
1. The> power of attorney from Cheever to Cheever is in very general terms, “confirming all sales, leases and contracts of every description.” I can see no reason why it does not confer the power to sell land. If language is the index of intention, in this case it cannot be misunderstood.
2. The deed to the plaintiff, as to its legal effect, must be construed most strongly against the grantor. It would, therefore, operate as an ordinary quit claim, by which all the right and title of the grantor is conveyed, and it is suffi*293cient to enable the grantee to maintain…
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