Blackstone v. Buttermore
Supreme Court of Pennsylvania
Error, to the Court of Common Pleas of Payette county. This was an action of ejectment, by Henry Blackstone against George Buttermore, for a tract of land in Fayette county.
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Error, to the Court of Common Pleas of Payette county. This was an action of ejectment, by Henry Blackstone against George Buttermore, for a tract of land in Fayette county. The foundation of Blackstone’s claim was as follows:— Buttermore, being the owner of the land in controversy, on the 15th day of February 1864 gave a power of attorney to Daniel R. Davidson to sell it for $25,000, on terms mentioned in the power, which concludes, “ and I hereby ratify and confirm whatever contract he may make in accordance with the above authority, and hereby bind myself for its execution. This authority…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
We have decided the substantial point in this case at the present term upon the appeal of Hartley & Minor from the Orphans’ Court of Greene county, opinion by Thompson, J., ante, p. 212.
A power of attorney constituting a mere agency is always revocable. It is only when coupled with an interest in the thing itself or the-estate which is the subject of the power, it is deemed to be irrevoeable/as where it is a security for money advanced or is to be used as a means of effectuating a purpose necessary to protect the rights of the agent or…
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