Mora

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…