Lewis v. Kerr
Supreme Court of Iowa
Appeal from Page District Court. On the 25th day of February, 1858, Robert W. Kerr executed, acknowledged and delivered to George S. Lewis a power of attorney, authorizing the said George S. Lewis to take possession of his property, real and personal, and in his name to sell, rent and convey the same, sue and receipt for debts, &c., &c. This power of attorney was duly recorded in Page County, where the parties then lived.
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Appeal from Page District Court. On the 25th day of February, 1858, Robert W. Kerr executed, acknowledged and delivered to George S. Lewis a power of attorney, authorizing the said George S. Lewis to take possession of his property, real and personal, and in his name to sell, rent and convey the same, sue and receipt for debts, &c., &c. This power of attorney was duly recorded in Page County, where the parties then lived. The said Kerr was indebted to Lewis, and the power of attorney, though it contains no such recital, was made to Lewis to enable him to collect his debt by the sale of Kerr’s…
1Opinion of the CourtDillow, J.
1. Principal and agent: revocation, etc. This decree cannot bes ustained. The letter of attorney, under which Lewis acted in making the sale, was in the usual and ordinary form. By it, no interest- or estate in the property was conveyed or . * J assigned to the attorney. On the contrary, he is simply authorized “for Robert W. Kerr, and in his name, to grant, bargain, sell and convey all of his real estate in Iowa, for such prices, and on such.terms, as he may think best.” Unlike Hunt v. Rousmanier, 8 Wheat., 174, it is to be observed that, in the case at bar, the power of attorney was not…
2Cases cited5 opinions
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Knapp v. AlvordNew York Court of Chancery · 1843
- Mansfield v. MansfieldSupreme Court of Connecticut · 1827
- Cassiday v. M'KenzieSupreme Court of Pennsylvania · 1842
- Clark v. LangworthySupreme Court of Iowa · 1856
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