Jennings v. Administrators of Jenkins
Supreme Court of Alabama
Error to the Chancery Court of Benton. The bill was filed by the plaintiffs in error, and alledges, that in April, 1841, the Orphans’ Court of Benton, made an •order for the sale of the real estate of Owen Jenkins, deceased, and appointed three persons commissioners to sell the same.
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Error to the Chancery Court of Benton. The bill was filed by the plaintiffs in error, and alledges, that in April, 1841, the Orphans’ Court of Benton, made an •order for the sale of the real estate of Owen Jenkins, deceased, and appointed three persons commissioners to sell the same. In October, 1841, after notice, the commissioners sold the land to one Nimrod Ghent, who gave his notes for the purchase money, with the complainant Jennings and another, his sureties, the commissioners executing to Ghent, their bond, with condition to make him a title when the purchase money was paid. Some weeks…
1Opinion of the CourtOrmond, J.
The object of the bill is, to rescind a sale made by order of the Orphans’ Court. The principal argument urged, is, that the power conferred on the commissioners to sell the land, was a special authority, which must be exercised in strict conformity with the terms upon which the power is granted, and that by the first sale made to Ghent, their power was exhausted, and therefore the subsequent sale to Jennings, the plaintiff, is wholly void.
*289In general, there can be no doubt, that a power must be exercised in strict conformity with the authority by which it is authorized to be executed, and…
2Cases cited4 opinions
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- Case of a Turnpike Road ex rel. Chad's Ford to the State LineSupreme Court of Pennsylvania · 1813
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3Cited by13 opinions
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- Field's Heirs v. GoldsbySupreme Court of Alabama · 1856
- Burns v. Hamilton's Adm'rSupreme Court of Alabama · 1858
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