Allen v. Thaxter
Indiana Supreme Court
ERROR to the Daviess Circuit Court. — Covenant by Thaxter, executor of Bond, against Mien, administrator of Gardiner. The declaration averred the deed to the testator, on which the suit was founded, to have been executed for Gardner by Prentiss his attorney in fact.
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ERROR to the Daviess Circuit Court. — Covenant by Thaxter, executor of Bond, against Mien, administrator of Gardiner. The declaration averred the deed to the testator, on which the suit was founded, to have been executed for Gardner by Prentiss his attorney in fact. The defendant below, inter alia* pleaded in bar, 1st, that Prentiss was not authorized to execute the deed; 2diy, that the plaintiff ne unques executor (1). The first of these pleas was rejected on motion, because it was not verified by affidavit. Issue was joined on the second plea, a jury dispensed with by consent, and judgment…
1Opinion of the CourtBlackford, J.
By the plea which denied the authority of Prentiss, proof was required of the execution of the deed. No such plea, according to the statute, can be received without affdavit. Stat. 1823, p. 292. The Court did right in rejecting it. To prove himself executor, the plaintiff offered in evidence a copy of letters testamentary from a Probate Court of Massachusetts. It was objected to for a defect in the clerk’s certificate, but the objection was overruled. This certificate of the clerk, without the seal of the Court, or officer granting the letters testamentary, is not sufficient either by the act…
Also in this document: Per curiam.
2Cited by5 opinions
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