Powell v. . Tuttle
New York Court of Appeals
On the 29th of June, 1837, Wilmot Everitt, having borrowed of the commissioners for loaning certain moneys of the United States deposited with the state of New-York in the county of Chemung, the sum of $402, executed to the commissioners a mortgage upon a farm in the town of Chemung, to secure the payment of the amount with interest, according to the provisions of the act of April 4, 1837. On the 22d of May, 1840, Everitt executed to Samuel Williams, president of the Powell…
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On the 29th of June, 1837, Wilmot Everitt, having borrowed of the commissioners for loaning certain moneys of the United States deposited with the state of New-York in the county of Chemung, the sum of $402, executed to the commissioners a mortgage upon a farm in the town of Chemung, to secure the payment of the amount with interest, according to the provisions of the act of April 4, 1837. On the 22d of May, 1840, Everitt executed to Samuel Williams, president of the Powell Bank another mortgage upon the same premises, together with other lands, to secure the payment of $10,000. The…
1Opinion of the CourtHarris, J.
The first, and as it appears to me the vital question in this case is, whether the power to sell conferred by statute upon the commissioners, has been well executed. But one of the commissioners was present at the sale. The plaintiffs in sist that the power of sale is vested in the commissioners jointly, and that in the absence of one, no valid sale could be made by the other. On the other hand, the defendants contend that, the sale being a ministerial act, one commissioner might delegate to the other the power to sell, and, in this instance the execution of the deed to the purchaser is…
2Cases cited2 opinions
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- Carpenter v. Okanogan CountyWashington Supreme Court · 1931
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