Wood v. Goodridge
Massachusetts Supreme Judicial Court
This was an action of trespass to land. Benjamin Goodridge, senior, of Lunenburg, on the 12th ot April, 1832, executed and delivered to Levi Goodridge, one of the defendants, under his hand and seal, and in the presence of subscribing witnesses, a power of attorney, of which the following is a copy : — “ Know all men by these presents, that I, Benjamin Goodridge, of Lunenburg, in the county of Worcester and commonwealth of Massachusetts, gentleman, for a good consideration…
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This was an action of trespass to land. Benjamin Goodridge, senior, of Lunenburg, on the 12th ot April, 1832, executed and delivered to Levi Goodridge, one of the defendants, under his hand and seal, and in the presence of subscribing witnesses, a power of attorney, of which the following is a copy : — “ Know all men by these presents, that I, Benjamin Goodridge, of Lunenburg, in the county of Worcester and commonwealth of Massachusetts, gentleman, for a good consideration me hereunto moving, have constituted and appointed, and do hereby constitute and appoint my son, Levi Goodridge, of the…
1Opinion of the CourtFletcher, J.
The first question, as to the plaintiff’s title to the land, is, whether the form of executing the mortgage and note by the attorney was a legal execution of his power as such; whether signing the name of the principal, Benjamin Goodridge, as if it were his own personal act and signature, (it not appearing upon the instruments to be done by Levi as attorney,) was a good execution of the instruments under the power, so as to make them valid as the deed and note of Benjamin, and thus effectually to convey the land to Sewall Goodridge by the mortgage, under which the plaintiff’s title is derived.
2Cases cited1 opinion
- Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814
3Cited by13 opinions
- San Diego Land & Town Co. v. NealeCalifornia Supreme Court · 1888
- City of Santa Ana v. HarlinCalifornia Supreme Court · 1893
- Watson v. Milwaukee & Madison Railway Co.Wisconsin Supreme Court · 1883
- Swan v. County of MiddlesexMassachusetts Supreme Judicial Court · 1869
- Savage v. ShawMassachusetts Supreme Judicial Court · 1907
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