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4 Cal. 291

Sullivan v. Davis

California Supreme Court

Decided October 15, 1854

California Supreme Court · decided 1854-10-15

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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Decided 1854-10-15

How this case has been cited

Cited by 15 later decisions — most recently December 1930

14 state decisions

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Mr. Justice Hevdeneeldt

¶1delivered the opinion of the Court.

Mr. J. Wells concurred.

¶21. 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.

¶32. 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 ejectment, if the grantor could have done so.

¶43. Under our Practice Act, it is competent for the plaintiff to recover real property with damages for withholding it, and the rents and profits, all in the same action, and as one cause of action. The Act does not intend merely to give the power of uniting these as different causes in one action, but treating the recovery of real estate, and the rents and profits or damages, as one cause of action, it allows many such causes to be united,

¶54. The claim of title by the defendant, by virtue of a Sheriff’s deed, is insufficient, without showing the judgment which authorized the sale. By the most accepted authorities, the judgment is a muniment of title, and for sound reasons it is the safest rule.

¶6Judgment affirmed.

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