Burke

This is an action in ejectment; defendant claims to be in possession under a perfect equitable title, and this appeal is taken by plaintiff from the judgment, upon a bill of exceptions. The cause has been in this court before ( 67 Cal. 447 ), and it was there held that the deed to defendant to the realty in dispute, made by plaintiff’s predecessor in interest, was void by reason of the fact that the grantee’s name was not inserted therein until after it was signed and acknowledged.

At the time of the alleged sale of this land, which is situated in the city of Stockton, one Arguello, who resided at Santa Clara, was the owner thereof, and Faulkner, Bell & Co., residing in San Francisco, were his agents in attending to his property interests. Respondent Bours resided in the city of Stockton, and, as the agent of Faulkner, Bell & Co., had charge of this property, collecting rents, etc. Bours and Arguello were strangers to each other.

Upon August 19,1876, the following letter was written to Bours: —

*112 This letter was forwarded to Bours by Faulkner, Bell & Co., with the statement: —

To this, Bours wrote to F. B. & Co. that he had ordered an abstract of title to the property, had…