Ayres v. Palmer

Ross, J.: This action was brought by John Gr. Ayres, plaintiff, against J. Bruce Palmer, J. C. Palmer, Martha L. Palmer, and Edward Field, defendants, to foreclose a mortgage made to secure the payment of a promissory note for $23,000, with interest, etc.

J. Bruce Palmer is the son of J. C. Palmer, J. C. Palmer and Martha L. Palmer are husb'and and wife, and Edward Field is the father of Mrs. Palmer.

It appears from the record, that, in 1857, J. C. Palmer was the claimant of a tract of land situated in Alameda County, called the ex-Mission of San Jose; and on the 22nd of June of that year, for a nominal consideration, conveyed by deed all of his interest therein to his father-in-law, the defendant Field; that the claim of title to the land was finally rejected by the United States tribunals; but by an Act of Congress, passed March 3rd, 1865, persons in possession of any portion of the [312]land were permitted to purchase the same from the Government, at the rate of one dollar and a quarter per acre. The defendant Field, as a beneficiary under this act, applied to purchase a portion of the land, including the mortgaged premises. His application was granted, and on April 11th, 1868, a patent therefor was issued tp him. Field never lived in person on the land. He resided in Providence, Ehode Island, hut occasionally visited the family of his son-in-law, Mr. Palmer, in California. The land itself wa.s always in the possession of Palmer and family. They occupied it without payment of rent, and improved it at their own expense. In December, 1867, Field appointed Edward F. Palmer, another son of J. C. and Martha L. Palmer, his attorney in fact, “ to sell and dispose of any and all lands and real property which I (Field) may own or have any interest in, situated in any portion of said State of California, to such person or persons, for such price and on such terms as to the payments for the same, as to him may seem meet; and upon such sale or sales to make, execute, and deliver to the purchaser or purchasers sufficient deed or deeds to convey the same, with such covenants therein as he may see fit; to mortgage any of said land in said State of California in which I may be interested, for any purpose, on any terms or for any sum or sums he may see fit, and upon such rates of interest as in his discretion he may see proper, and with such covenants and agreements in such mortgage as to him may seem fit; * * * giving and hereby granting unto my said attorney full power and authority in and about the premises, * * * with full power to make and institute for the purposes aforesaid, one or more attorneys under my said attorney, and the same again at pleasure to revoke, and generally to say, do, act, transact, determine, accomplish, and promote all matters and things whatsoever relating to the premises, as fully, amply, and effectually, to all intents and purposes, as I, the said constituent, if present, ought or might personally do, although the matter should require more special authority than is herein comprised.”