Foster v. Goree
Supreme Court of Alabama
Emtoit to the Circuit Court of Tuscaloosa. Trover, by the plaintiff against the defendant in error, for a slave. Upon the trial the plaintiff offered in evidence a deed of trust made by Samuel Miller and James G. Addison to secure the plaintiff as surety to a note payable in Bank, which deed contained the following clause: “ If said Andrew B. Brown, trustee, should fail or refuse, from absence or any other cause, to execute this trust, it shall be in the power of the said…
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Emtoit to the Circuit Court of Tuscaloosa. Trover, by the plaintiff against the defendant in error, for a slave. Upon the trial the plaintiff offered in evidence a deed of trust made by Samuel Miller and James G. Addison to secure the plaintiff as surety to a note payable in Bank, which deed contained the following clause: “ If said Andrew B. Brown, trustee, should fail or refuse, from absence or any other cause, to execute this trust, it shall be in the power of the said parties of the third part to appoint another trustee in his stead, who, when so appointed, shall be invested with all the…
1Opinion of the CourtOrmond, J.
Two questions are made at the bar. First, was it necessary that the trustee, who, by the terms of the deed, the cestui que trust was permitted to substitute for the original trustee, on his failing to act, should be appointed by writing.
Second — Was the power of appointment exhausted by the first appointment.
These questions are to be answered by the intention of the parties as expressed in the deed. When power to do any act is conferred on another, and the mode of its execution is defined, the power can be exercised only in strict conformity with the terms of the grant. [1 Sug. on Pow. 266.]…
2Cited by2 opinions
- Leggett v. GrimmettSupreme Court of Arkansas · 1880
- Gay, Hardie & Co. v. Brierfield Coal & Iron Co.Supreme Court of Alabama · 1891