Right v. Mifflin
Supreme Court of Pennsylvania
EjECTMEMT.for one messuage and 200 acres of land in Blockley township, in the county of Philadelphia. The plaintiff founded his pretensions on a sale made by Edward Bonsai, as agent of the defendant, of the lands in question, and offered the said Bonsai to prove his authority. The defendant’s counsel excepted thereto.
1Opinion of the Court
By the court.
The power of an agent authorized to sell lands must be in writing, and proved by indifferent witnesses, under the act “for the prevention of frauds and perjuries,” passed 21st'March;1772. (Prov. Laws, 462.) So it was resolved in the cases of the lessee of Jonathan Meredith v. Daniel Mauss, in January term 1793, and the lessee'of John Girard v. George Krebbs, et al. at the last sitting in the city, the preceding week. It is true, this act of assembly should be construed liberally, and the law not requiring the written authority of the agent to be signed by the party, if is…
2Cited by5 opinions
- Chambers v. ReinholdSuperior Court of Pennsylvania · 1907
- Grayson v. BannonSupreme Court of Pennsylvania · 1839
- Jones' CaseTennessee Superior Court for Law and Equity · 1809
- Parrish v. Koons, Pennsylvania Court of Common Pleas, Philadelphia County1844
- Cortes v. BillingsNew York Supreme Court · 1800