Gage v. Gage
Superior Court of New Hampshire
Writ op entry, dated September 7, 1852. The following facts were agreed upon by the parties. Benjamin S. Gage died in 1829, seized of the demanded premises in fee, leaving nine children and a widow, whose dower was assigned in the demanded premises, April, 1830. March 14, 1832, Joseph C. Moore acquired the title of all the heirs, except the demandant, in the two-thirds, and in 1845 the widow released her interest in her dower to said nine children, and said Moore acquired…
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Writ op entry, dated September 7, 1852. The following facts were agreed upon by the parties. Benjamin S. Gage died in 1829, seized of the demanded premises in fee, leaving nine children and a widow, whose dower was assigned in the demanded premises, April, 1830. March 14, 1832, Joseph C. Moore acquired the title of all the heirs, except the demandant, in the two-thirds, and in 1845 the widow released her interest in her dower to said nine children, and said Moore acquired the title of all but the demandant in said dower. In 1831, the demandant gave A. Gage a power of attorney to convey all…
1Opinion of the CourtEastman, J.
Under the provisions of the statute now in force, a power of attorney to convey real estate must be executed with the same formalities as the deed itself. Rev. Stat. ch. 130, § 6. But whether at comma.n law or under the statute of 1829, which was in force at the time the power *423of attorney mentioned in this case was executed, the same strictness is required is not so clear.
In Lumbard v. Aldrich, 8 N. H. Rep. 31, it was held, in general terms, that a power of attorney ought to be as certain as it is necessary for the deed to be which is to be executed under it. But the particular formalities…
2Cases cited10 opinions
- Clark v. GrahamSupreme Court of the United States · 1821
- Southerin v. MendumSuperior Court of New Hampshire · 1831
- Jackson ex dem. Young v. EllisNew York Supreme Court · 1816
- Lund v. ParkerSuperior Court of New Hampshire · 1824
- Montgomery v. DorionSuperior Court of New Hampshire · 1833
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3Cited by1 opinion
- Forest v. JacksonSupreme Court of New Hampshire · 1876