Dearing v. Lightfoot
Supreme Court of Alabama
Error to the Circuit Court pi Lawrence. Tried before the the Hon. George W. Lane. This was an action of detinue by the plaintiff against the-defendant in error to recover the possession of two slaves and damages for their detention.
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Error to the Circuit Court pi Lawrence. Tried before the the Hon. George W. Lane. This was an action of detinue by the plaintiff against the-defendant in error to recover the possession of two slaves and damages for their detention. The plaintiff relied on a mortgage on the slaves in controversy, executed by one James-Jackson, in the State of Georgia, to the said plaintiff, on the 24th October 184-0. The defendant claimed title under a bill of sale from Dr. Henry M. Jackson, acting as the agent of the said James Jackson, bearing date in January 1842. Both James and Dr. Henry M- Jackson were…
1Opinion of the CourtCollier, C. J.
Powers of attorney are ordinarily subjected to a strict construction, and the authority is never extended beyond that which is given in terms, or is necessary and proper for carrying the authority so given into full .effect. Consequently a power to sell, assign and transfer stock, will not include a power to pledge them for the agent’s own debt. Nor will a power to bargain and sell land, include an authority to grant a license to the purchaser, previous to a convey-r anee, to enter and cut timber on the land, though done borní fide with a view to effect the sale. Story on Ag. § 68. An…
2Cases cited8 opinions
- Rossiter v. RossiterNew York Supreme Court · 1832
- Scarborough v. ReynoldsSupreme Court of Alabama · 1847
- Wallace v. Branch BankSupreme Court of Alabama · 1840
- Adams v. BroughtonSupreme Court of Alabama · 1848
- Smith & Co. v. ZurcherSupreme Court of Alabama · 1846
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Cummins v. BeaumontSupreme Court of Alabama · 1880
- Southern Cotton Oil Co. v. HenshawSupreme Court of Alabama · 1889
- Griffin v. StateCourt of Criminal Appeals of Alabama · 1970