Cadell v. . Allen
Supreme Court of North Carolina
Power of Attorney — Seal—Deeds—Form and Execution of Deeds by Attorneys in Fact — Correction of Written Instruments. EjbctmeNT, tried before Graves, J., at September Term, 1886, of UNION Superior Court.
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Power of Attorney — Seal—Deeds—Form and Execution of Deeds by Attorneys in Fact — Correction of Written Instruments. EjbctmeNT, tried before Graves, J., at September Term, 1886, of UNION Superior Court. In the course of the trial of this action, the plaintiff — the defendant objecting — was allowed to put in evidence a paper writing, purporting to be a -power of attorney, from Stephen Lacy and Thomas Lacy to David Cuthbertson, empowering the latter to sell and convey the title to the lands therein mentioned and described. This paper writing concluded as follows : “In witness whereof, we, the…
1Opinion of the Court
MerrimoN, J.,
(after stating the facts). It is the settled law of this State, that an agent, or attorney in fact, cannot execute a deed of conveyance of land, binding upon his principal, unless he be authorized thereunto by a power of attorney, under seal. The ancient rule of law, in this respect, has not been modified or trenched upon by this Court, and we are not at liberty or inclined to do so now. If the hurry and convenience of business transactions, in the present state of society, require easier and less solemn methods of conveyance of land than formerly, it is the province of the…
2Cases cited3 opinions
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