Reese v. Medlock
Texas Supreme Court
Appeal from Burnet. Tried below before the Hon. E. H. Vontress. The appellants as heirs at law of Thomas Reese, deceased, brought this suit against the appellee for the recovery of a tract of land in Burnet county, and for the cancellation of a deed to said land executed to the appellee by John P. Powers, as the agent and attorney in fact of the said Thomas Reese, deceased.
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Appeal from Burnet. Tried below before the Hon. E. H. Vontress. The appellants as heirs at law of Thomas Reese, deceased, brought this suit against the appellee for the recovery of a tract of land in Burnet county, and for the cancellation of a deed to said land executed to the appellee by John P. Powers, as the agent and attorney in fact of the said Thomas Reese, deceased. The defendant, Medlock, set up title in himself by virtue of his deed from Thomas Reese by John P. Powers, as his attorney in fact, dated April 23, 1857, and recorded May 9,1857. In support of this deed, the defendant…
1Opinion of the CourtMoore, J.
It is a well settled general principle, that, when an agency is created and conferred by a written instrument, the-nature and extent of the authority given by it must be ascertained from the instrument itself, and can not be enlarged by parol evidence of the usage of other agents in like cases, for that would be to contradict or vary the- terms of the written instrument. There may, however, be some qualifications and limitations properly belonging to this general rule, whereby, especially in cases of general or implied agencies, the usages of a particular trade or business, or of a particular…
2Cited by49 opinions
- Fitzhugh v. Franco-Texas Land Co.Texas Supreme Court · 1891
- DeVaughn v. McLeroySupreme Court of Georgia · 1889
- Wichita Royalty Co. v. City National Bank of Wichita FallsTexas Supreme Court · 1935
- Dixon v. Bristol Savings BankSupreme Court of Georgia · 1897
- Frost v. Erath Cattle Co.Texas Supreme Court · 1891
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