Carter v. Doe ex dem. Chaudron
Supreme Court of Alabama
ERROR to tbe Circuit Court of Mobile. Tried before tbe Hon. JOHN Bragg. EjbotmeNT by Cliaudron against tbe plaintiff in error, to recover certain lots situated in the city of Mobile. The statement of facts in the opinion is so full and complete, that it is unnecessary to repeat them here. 1. The secondary evidence of tbe existence and contents of tbe power of attorney from Kennedy to Duval was inadmissible.
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ERROR to tbe Circuit Court of Mobile. Tried before tbe Hon. JOHN Bragg. EjbotmeNT by Cliaudron against tbe plaintiff in error, to recover certain lots situated in the city of Mobile. The statement of facts in the opinion is so full and complete, that it is unnecessary to repeat them here. 1. The secondary evidence of tbe existence and contents of tbe power of attorney from Kennedy to Duval was inadmissible. The law presumes die power to have been retained by Grarrow, or to have passed to Duval, the purchaser. Inquiry should have been made of Duval’s representatives, and the plaintiff should…
1Opinion of the CourtChilton, J.
— This was an action ef ejectment brought by Chaudron against Carter, to recover certain real estate, consisting of lots in tbe city of Mobile.
Tbe principal questions discussed, and to which we shall mainly direct our inquiries, relate to tbe sufficiency of tbe execution, and also to tbe construction, of a certain deed of conveyance under which tbe plaintiff below claimed; which deed was executed by one Garrow, as attorney in fact of Joshua Kennedy, and is in these words:
“ This indenture, made and entered into between Joshua Kennedy and S. H. Garrow, both of Mobile city in tbe Alabama…
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