Pensonneau v. Bleakley
Illinois Supreme Court
The bill filed in this case alleges, that on the 13th of January, 1816, Josiah Bleakley constituted and appointed one John Hays his attorney in fact, empowering hini to sell and convey certain lands situate in the county of St. Clair, which power of attorney was duly recorded, &c.; that, on the 20th of June, 1817, by deed, Hays, in his capacity of attorney, conveyed, for a valuable consideration, to William A. Beard, the south half of section three, township one, north of…
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The bill filed in this case alleges, that on the 13th of January, 1816, Josiah Bleakley constituted and appointed one John Hays his attorney in fact, empowering hini to sell and convey certain lands situate in the county of St. Clair, which power of attorney was duly recorded, &c.; that, on the 20th of June, 1817, by deed, Hays, in his capacity of attorney, conveyed, for a valuable consideration, to William A. Beard, the south half of section three, township one, north of range nine, west; that, on the 9th of January, 1818, Beard, by deed, conveyed the said land to Hays; that Hays died,…
1Opinion of the Court
Catón, J.
The primary object of this bill was to perfect the execution of the deed which was made by Beard. Hays was the attorney in fact of Bleakley; and the object of the deed was to convey the estate of Bleakley to Beard. This deed was executed by Hays in his own name, instead of that of his principal, as it should have been ; for the purpose of conveying the legal title. If the sale to Beard was bona fide, it is competent, and there is no doubt that it is the duty of the court of equity to perfect the execution of the deed, so as to effectuate the original intention of the parties. Whether…
2Cited by9 opinions
- Butler v. KaulbackSupreme Court of Kansas · 1871
- Harms v. McCormickIllinois Supreme Court · 1889
- Harper v. ElyIllinois Supreme Court · 1870
- Olson v. EuletteAppellate Court of Illinois · 1947
- Pry v. PryIllinois Supreme Court · 1884
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