Ratification of Act of Attorney in Fact.—If the Court finds as a fact that one person executed a written instrument for another as his attorney in fact, without any power to do so, but that the constituent afterwards expressly ratified the act, the presumption will be that the ratification was in some legal and sufficient mode.

Contract of Married Woman.— If a married woman acquired property by inheritance in California before its transfer to the United States, her power to contract concerning it is not governed by the Act of April 17th, 1850, “ defining the rights and duties of husband and wife.”

Separate Property of Wife.—Property acquired by descent by a • married woman in California before its cession to the United States, became her separate property under the Mexican law.

Power of Attorney of Married Woman.—A married woman may make a valid executory contract, by her attorney in-fact, affecting her separate estate acquired by her in California before its cession to the United States, and her husband may be such attorney in fact.

Sale of Children’s Interest in the Common Property to their Father.—If children, upon the death of their mother, inherit one half the common property, a sale by them of this interest to the father, even by an instrument which creates a right in his favor against them which he can only enforce in equity, is a sufficient consideration to support a promise by him to pay them for the same.

Right of Alien to hold Property.—The question of the right of a non-resident alien to hold property, at common law and under the civil law, was a matter between the alien and the Government, and could not be called in question in a collateral action between individuals.

Agreement between Children and Father.—A claim set up by children to a part of the common property upon tl.e death of their mother, who was a nonresident alien, is a sufficient consideration to render valid an agreement of compromise with their father, by which they convey to him and he promises to pay them a consideration therefor.

Construction of Contract.—The object to be attained in the construction of a contract is to ascertain from its language, if possible, the intention of the parties.

Recording Instruments not Sealed.—Mortgages and conveyances which are not under seal, are nob entitled to be recorded.

Notice Imparted by Recording Deeds.—The record of mortgages and conveyances which are not under seal, does not impart notice to subsequent purchasers or encumbrancers.

Executory Contract for Mortgage.—An agreement in writing, which by its terms makes a sum of money due from one to the other chargeable as a lien upon land, but which is neither under seal, nor so executed or acknowledged as to make it a mortgage within the Act concerning conveyances, will be regarded as an executory agreement for a mortgage, and enforced in equity as a specific lien upon the land, as against the person executing and strangers having actual notice.

Agreement Creating Incumbrance on Land.—An agreement not so executed or sealed as to make it a mortgage, signed by both parties, which provides that the purchase money of land shall be secured by the property if not sold, or by the purchase money if sold, is an incumbrance on the land as against the party executing and strangers with actual knowledge, which may be removed by a sale and substituted security on the purchase money.

Covenant in a Mortgage.—If the mortgagor covenants in the mortgage that he will pay and discharge, whenever the same becomes due, all legal mortgages and incumbrances, of whatever nature and description, upon the mortgaged property, of a previous date, the covenant will make the mortgagor personally liable for a sum due and secured by an executory*contract for a mortgage not under seal or recorded, if the mortgagor had actual notice of it, and the mortgage will become security for the performance of this covenant.

Judgment Against Executor.—A judgment against an executor for a demand against the testator, should direct that the same be paid in due course of administration. •