Legal Opinion

McMurtry v. Brown

Nebraska Supreme Court

Decided October 15, 1877PublishedCited by 12 opinions

Error from the district court of Gage county. Tried below before Weaver, J. The facts necessary to an understanding of the,case are stated in the opinion.

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Error from the district court of Gage county. Tried below before Weaver, J. The facts necessary to an understanding of the,case are stated in the opinion. It is entirely unnecessary, in the view we take of the ease, to discuss the matter as to whether the power of attorney in question in 1870 was void or not, and if it were section forty-seven of our statutes, title-Real Estate, gives to a married woman power to manage, control, lease, devise, or convey her lands as if she were single. This clearly implies the power to appoint an agent or attorney, and to convey by power of attorney when…

1Opinion of the CourtMaxwell, J.

On the twenty-eighth, day of July, 1870, Louise M. Merrill, a married woman, residing with her husband in Lancaster county, and owning a considerable tract of land therein, executed and delivered to her husband a power of attorney authorizing him in her place, name, and stead, to execute and acknowledge for her and in her nam,e, all and every instrument in writing, deed, or mortgage, giving and granting unto Herman W. Merrill, her said attorney, full power and authority to do and perform all and every act and thing whatsoever requisite and- necessary to be done in and about the premises, as…

2Cases cited3 opinions

  1. Wamsley v. CrookNebraska Supreme Court · 1874
  2. Weisbrod v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1864
  3. Hopkins v. MollinieuxNew York Supreme Court · 1830

3Cited by12 opinions

  1. Bigler v. BakerNebraska Supreme Court · 1894
  2. Corn Belt Products Company v. MullinsNebraska Supreme Court · 1961
  3. First National Bank v. BartlettNebraska Supreme Court · 1879
  4. Currier v. ClarkSupreme Court of Iowa · 1910
  5. Leaf v. CoddIdaho Supreme Court · 1925

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