Norville v. Seeberg
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County,; Claude A. Grayson, Judge. Bill by Rolf Seeberg against Peyton Nor-ville and others. From a decree overruling demurrers to the bill as last amended, respondents appeal.
Read the full summary
Appeal from Circuit Court, Mobile County,; Claude A. Grayson, Judge. Bill by Rolf Seeberg against Peyton Nor-ville and others. From a decree overruling demurrers to the bill as last amended, respondents appeal. The bill as amended shows, in substance, that in June, 1912, the1 complainant was seized and possessed of certain real estate situated in Mobile county, which is therein described; that on said date said complainant, intending to depart from Mobile, executed to John B. Mitchell, of that city, a power of attorney, which is made Exhibit A to the bill, duly executed and acknowledged by…
1Opinion of the CourtThomas, J.
Several phases of this case were before the court, on appeal from a decree sustaining demurrer to the bill, in Seeberg v. Norville, 202 Ala. 417, 80 South. 621. And on the second appeal it was held that the power of attorney to convey land for the payment of a debt was extinguished by the accomplishment of its purpose, the payment of the debt before the exercise of tho power; that, if the power is sought to be exercised by the agent after the debtor had paid the debt “and been continuously in possession of the land as owner, the purchaser (who paid only one-seventh of its real value) * * *…
2Cases cited49 opinions
- Ivy v. HoodSupreme Court of Alabama · 1918
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
- Saunders v. McDonoughSupreme Court of Alabama · 1914
- Gill v. MoreSupreme Court of Alabama · 1917
- Moulton v. ReidSupreme Court of Alabama · 1875
44 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Papastefan v. B & L CONST. CO., INC.Supreme Court of Alabama · 1980
- Cobbs v. NorvilleSupreme Court of Alabama · 1933
- Ex Parte ConradiSupreme Court of Alabama · 1923
- Hamm v. ButlerSupreme Court of Alabama · 1927
- Rountree v. SatterfieldSupreme Court of Alabama · 1924
3 more not listed; retrieve them via the Exa API.