Giddens v. Byers' Heirs
Texas Supreme Court
Error from Red River. This action is brought by the heirs of Wesley P. Byers, against R. F. Giddens, who claims through mesne conveyances under a deed from Edward Hug-hart & Wife, for the recovery of a tract of land. The other defendants were brought in by vouchers to sustain the defence.
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Error from Red River. This action is brought by the heirs of Wesley P. Byers, against R. F. Giddens, who claims through mesne conveyances under a deed from Edward Hug-hart & Wife, for the recovery of a tract of land. The other defendants were brought in by vouchers to sustain the defence. It appears that the said Byers had recovered a judgment against Edward Hughart for nine hundred and ninety-four 34-100 dollars, with interest amounting to two hundred and fifty-five dollars, under which execution having issued, the land was levied and sold in August, 1848, for the sum of one hundred and…
1Opinion of the Court
Hemphill, Ch. J.
The main ground of objection to the instrument was in the particular form in which it was executed by the agent, viz.: that instead of its being signed James B. Floyd for Wesley P. Byers, it should have been signed Wesley P. Byers by James B. Floyd.
The rule as to the mode of execution, as laid down in Story on Agency, is, that in written contracts, (subject to qualifi*81cations and exceptions) in order to bind the principal the instrument must purport on its face to be his contract, his name must be inserted in it, and signed to it, and not merely the name of the agent, even…
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