Worthington v. McRoberts
Supreme Court of Alabama
Error to the Circuit Court of Benton. Assumpsit by the plaintiff in error, on two promissory notes for $1,500 eacb. Upon the trial, as appears from the bill of exceptions, the defendant proved that the notes in suit were given for a tract of land, sold under an order of the Orphans’ Court, as a part of the estate of Robert Porter, and introduced in evidence, the record and proceedings in the cause, by which it appeared that Joseph McRoberts, Robert S. Porter, and Jonathan…
Read the full summary
Error to the Circuit Court of Benton. Assumpsit by the plaintiff in error, on two promissory notes for $1,500 eacb. Upon the trial, as appears from the bill of exceptions, the defendant proved that the notes in suit were given for a tract of land, sold under an order of the Orphans’ Court, as a part of the estate of Robert Porter, and introduced in evidence, the record and proceedings in the cause, by which it appeared that Joseph McRoberts, Robert S. Porter, and Jonathan Whitesides, were appointed commissioners to sell the land— that two of the commissioners reported to the Orphans’ Court,…
1Opinion of the CourtOrmond, J.
As we intimated at the hearing of this cause, it is a plain case for the plaintiff in error.
If it were conceded that sales made by order of the Orphans’ Court, were to be governed by the same rules which regulate the execution of powers generally, we apprehend it would be difficult to establish, that a vendee could take advantage of the defective execution, by an agent, of a power; to which he was privy, añd consenting, against the will of him for whom the agent acted, and who was willing and desirous to affirm the due execution of the power. The authorities relied on, are either expositions…
2Cases cited1 opinion
- Perkins' Exr's v. Winter's Adm'rxSupreme Court of Alabama · 1845
3Cited by12 opinions
- Guynn v. McCauleySupreme Court of Arkansas · 1877
- Burns v. Hamilton's Adm'rSupreme Court of Alabama · 1858
- Noland v. BarrettSupreme Court of Missouri · 1894
- Halleck v. GuyCalifornia Supreme Court · 1858
- Bryan v. WeemsSupreme Court of Alabama · 1856
7 more not listed; retrieve them via the Exa API.