Talbot v. Sebree's Heirs

Talbot’s affirmation, that be did not “recollect” that be had authorized any person to sign his name to the covenant for a title, is not tantamount to a direct and unqualified denial of authority, or even to a declaration that he did not believe that he had given such authority. He does not deny the allegation that he authorized Bryan to sell the lot; and it seems that he knew of the sale, and acquiesced in it. Wherefore positive proof of authority to subscribe his name, was not indispensable.

The bond itself and other circumstances are at least prima fade evidence of the actual payment of the…