Mora v. Murphy

Thornton, J. Ejectment. Judgment for defendant. Appeal by plaintiff from the judgment.

[13]On the 8th of May, 1874, J. S. Alemany and Thaddus Amat, Roman Catholic bishop of Monterey, the latter a corporation sole, became tenants in common of the College rancho, in Santa Barbara County, the interest of Alemany being three fifths, and that of Amat two fifths, of the rancho.

On the 21st of March, 1887, Amat, as a corporation sole, appointed Alemany his attorney in fact, by a letter of attorney bearing date the day just above named. By this letter Amat authorized his constituent as his attorney, and for him, and in his name, to convey and sell his title to the land above mentioned, or to agree to convey and sell the same, giving and granting to his attorney full power in the premises, etc.

On the tenth day of June, 1879, Alemany executed a written agreement, whereby he agreed to convey to defendant 640 acres of the rancho above named, in consideration of defendant’s boring an artesian well upon the rancho. Defendant complied with the conditions of the agreement on his part, and on the fourth day of November, 1879, Alemany conveyed to defendant a specific tract in the rancho, which is the parcel of land involved herein.

The letter of attorney was in force when the agreement and conveyance above mentioned were executed. Neither the agreement nor the conveyance was signed by Amat or the plaintiff, and Alemany did not sign the name of either Amat or plaintiff to the document aforementioned.

Prior to the making of the agreement with defendant, Amat died, and was succeeded by plaintiff as bishop of Monterey.

The above facts are found by the court below.

The agreement with defendant was made by Alemany alone, and did not bind Amat or the plaintiff. The same is true of the conveyance. Neither purports to be made on behalf of Amat or the plaintiff So far as the find[14]ings show, Alemany acted wholly for himself in executing the agreement, as well as the conveyance to plaintiff. He did not sign the name of either Amat or Mora to either paper, and it is too clear to admit of argument that he acted, not as attorney under the letter of attorne}7, but entirely on his own account. Alemany was competent to contract. He was the owner of an undivided three fifths of the rancho, and the ownership of this large interest was sufficient inducement to prompt him to act for his own interest, and to bind himself alone.