Donovan v. Welch
North Dakota Supreme Court
Appeal from District Court, Cavalier County; Kneeshaw, J. Action by Mary Donovan against Mary A. Welsh. Judgment for defendant, and plaintiff appeals. The deed from McHugh to Moran conveyed no title or interest. McHugh had not title to convey, as the power of attorney authorized him to convey, not in his own, but in the name of Amelia Burritt. Subd. 3 § 3584, Rev. Codes. Conveyance must be an act of the principal and not of the attorney, otherwise the conveyance is void.
Read the full summary
Appeal from District Court, Cavalier County; Kneeshaw, J. Action by Mary Donovan against Mary A. Welsh. Judgment for defendant, and plaintiff appeals. The deed from McHugh to Moran conveyed no title or interest. McHugh had not title to convey, as the power of attorney authorized him to convey, not in his own, but in the name of Amelia Burritt. Subd. 3 § 3584, Rev. Codes. Conveyance must be an act of the principal and not of the attorney, otherwise the conveyance is void. The attorney must convey in the name of the principal. It is not enough for an attorney, in the body of the conveyance, to…
1Opinion of the CourtYoung, J.
Plaintiff seeks in this action to quiet title and determine adverse claims to a tract of land consisting of 160 acres, and situated in Cavalier county, of which she claims to be the owner in fee simple. The defendant, in her answer, denies that plaintiff has any title or interest whatever in the premises in controversy, and, in her own behalf, claims a mortgage lien thereon executed by one Charles McQuarrie. The case was tried to the court without a jury. The trial court found that the defendant’s mortgage is a valid and subsisting lien, and that the plaintiff has no title to' the land in…
2Cases cited18 opinions
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
- Lessee of Clarke v. CourtneySupreme Court of the United States · 1831
- Ballou v. TalbotMassachusetts Supreme Judicial Court · 1820
- Long v. ColburnMassachusetts Supreme Judicial Court · 1814
- Tucker Manufacturing Co. v. FairbanksMassachusetts Supreme Judicial Court · 1867
13 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Mulford v. RowlandSupreme Court of Colorado · 1909
- Kilpatrick v. PlummerSupreme Court of Oklahoma · 1930
- Cline v. DuffyNorth Dakota Supreme Court · 1910
- Electric Power Board v. ThoniTennessee Supreme Court · 1947
- Herrmann v. Brighton German Bank Co.Ohio Superior Court, Cincinnati · 1914