Pease v. Pilot Knob Iron Co.
Supreme Court of Missouri
Error to Second District Court. A power may be executed without reciting or even referring to it if the act shows that the donor had in view the subject of the power. (18 Kent’s Com. 383; 2 Bro. C. C. 303 ; 2 II. Bl. 139; 6 Coke, 17; 8 Tenn. 118; Bradish v. Gibbs, 3 Johns. Ch. 551.) The deed which Rolfe and Jamieson executed to Yan Doren was a good execution of the power. The fee was in them. It was not a sale of Johnson’s land.
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Error to Second District Court. A power may be executed without reciting or even referring to it if the act shows that the donor had in view the subject of the power. (18 Kent’s Com. 383; 2 Bro. C. C. 303 ; 2 II. Bl. 139; 6 Coke, 17; 8 Tenn. 118; Bradish v. Gibbs, 3 Johns. Ch. 551.) The deed which Rolfe and Jamieson executed to Yan Doren was a good execution of the power. The fee was in them. It was not a sale of Johnson’s land. It was a sale of their own, and it was not necessary for them to refer to the deed to them. This is only necessary in the execution of a naked -power, but not where…
1Opinion of the CourtBliss, Judge
The plaintiff brings ejectment and claims title through a mortgage executed in 1835 by James C. Johnson to James H. Rolfe and Andrew Jamieson, and a subsequent conveyance by the mortgagees. The defenses are, first, that Rolfe and Jamieson’s deed conveyed no title; and second, the statute of limitation.
Johnson was the tax collector for Washington county, and Rolfe and Jamieson were sureties upon his official bond. The mortgage was given to indemnify them as such sureties, and it gave the mortgagees power to sell upon default, either at auction or private sale.
In 1836 Rolfe and Jamieson…
2Cases cited5 opinions
- White v. . HicksNew York Court of Appeals · 1865
- Woods v. HilderbrandSupreme Court of Missouri · 1870
- Pease v. LawsonSupreme Court of Missouri · 1862
- Smith v. VincentSupreme Court of Connecticut · 1842
- McNair v. PicotteSupreme Court of Missouri · 1862
3Cited by26 opinions
- Grace v. PerrySupreme Court of Missouri · 1906
- Terry v. RodahanSupreme Court of Georgia · 1888
- Clark v. MiddlesworthIndiana Supreme Court · 1882
- Hill v. ConradTexas Supreme Court · 1897
- Blake v. Maine Central RailroadSupreme Judicial Court of Maine · 1879
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