Adams v. Orange Realty Sales, Inc.

— This case is before us on rehearing after mandate recalled, pursuant to our opinion filed October 6, 1938.

Upon further consideration we recede from what was said in that opinion as follows:

“The power of attorney from David D. Cady to Hal D. Cady was not under seal and, therefore, the purported power of attorney was insufficient and ineffectual to authorize the conveyance of the title from David D. Cady to Robert T. Huges. So this left the record showing paramount title in David D. Cady.

“Plaintiff did not proceed, as by paragraph (b) of Rule 85, supra, is required, to test the legal…