Saltmarsh v. Smith
Supreme Court of Alabama
[CREDITOR'S BILI, TO REMOVE CLOUD OVER TITLE TO HEAL ESTATE.] Appeal from the Chancery Court of Dallas. Heard before the Hon. James B. Claeií. This bill was filed by John N. Smith, against Alanson Saltmarsh, audthe heirs-at-law and administrator de bonis non of William Rutherford, deceased.
Read the full summary
[CREDITOR'S BILI, TO REMOVE CLOUD OVER TITLE TO HEAL ESTATE.] Appeal from the Chancery Court of Dallas. Heard before the Hon. James B. Claeií. This bill was filed by John N. Smith, against Alanson Saltmarsh, audthe heirs-at-law and administrator de bonis non of William Rutherford, deceased. Its material allegations were these: That in September, 1841, the complainant and said William Rutherford became sureties for one William Bower, on a note for a large amount due and payable to said Saltmarsh ; that suit was brought on this note, and in the fall of 1845, which was after the death of…
1Opinion of the CourtRice, C. J.
Without looking to the deposition of Bower, it is established that the deed which he, as attorney of Butherford, executed to Saltmarsh, for the real estate here in controversy, was in fact executed after the death of Rutherford, although it was made to bear date before his death. The validity of the deed depends upon the question, whether the power given by Butherford to Bower, under which Bower assumed to execute the deed, survived Butherford. The general rule is, that a power ceases Avith the life of the person giving it. The exception is, Avhere the power is coupled Avith an interest —…
2Cases cited9 opinions
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Hadden v. SpaderCourt for the Trial of Impeachments and Correction of Errors · 1822
- Watts v. GayleSupreme Court of Alabama · 1852
- Hunt v. AcreSupreme Court of Alabama · 1856
- Dargan v. WaringSupreme Court of Alabama · 1847
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Chavers v. MayoSupreme Court of Alabama · 1918
- Hale v. CoxSupreme Court of Alabama · 1941
- Johnston & Seats v. Smith's Adm'rSupreme Court of Alabama · 1881
- Reeves v. BrooksSupreme Court of Alabama · 1885
7 more not listed; retrieve them via the Exa API.