Legal Opinion

Ledbetter v. Walken

Supreme Court of Alabama

Decided June 15, 1857PublishedCited by 18 opinions

Appeal from the Chancery Court of Macon. Heard befoi-e the Hou. James B. Claes. This bill was filed by Alexander H. Ledbetter, against N., W. Cocke, Jethro "Walker, and Cleveland Croft; charging the perpetration of a fraud by said Walker and Croft, in combining together to procure from said Cocke the legal title to a tract of land, which complainant had previously purchased from one Kimball, who was Cocke’s agent; praying the cancellation of Croft’s deed from Cocke, and the…

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Appeal from the Chancery Court of Macon. Heard befoi-e the Hou. James B. Claes. This bill was filed by Alexander H. Ledbetter, against N., W. Cocke, Jethro "Walker, and Cleveland Croft; charging the perpetration of a fraud by said Walker and Croft, in combining together to procure from said Cocke the legal title to a tract of land, which complainant had previously purchased from one Kimball, who was Cocke’s agent; praying the cancellation of Croft’s deed from Cocke, and the vesting of the legal title in the complainant, or that Croft might be held a trustee for complainant; and adding the…

1Opinion of the Court

"WALKER, J.

— Kimball’s authority, as the agent of Cocke, to sell the land in controversy, is an established fact in this case. That authority was verbal. A verbal authority is sufficient to authorize the performance of any act, which is not of such a nature as to require that it be done under seal. A contract to sell land may be valid, and may transfer the equitable title, although the Writing which evidences the contract may not be under seal. If an agent, having a verbal authority, should make ■;he contract by deed, which would have been valid if made by writing without a seal, the contract…

2Cases cited3 opinions

  1. Johnson v. ToulminSupreme Court of Alabama · 1850
  2. Robinson v. GarthSupreme Court of Alabama · 1844
  3. Cocke v. Campbell & SmithSupreme Court of Alabama · 1848

3Cited by18 opinions

  1. Jenkins v. HarrisonSupreme Court of Alabama · 1880
  2. Craft v. RussellSupreme Court of Alabama · 1880
  3. Gresham v. WareSupreme Court of Alabama · 1885
  4. Heflin v. MiltonSupreme Court of Alabama · 1881
  5. Hutton v. WilliamsSupreme Court of Alabama · 1860

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