Coney v. Sanders
Supreme Court of Georgia
Complaint for land, in Lee Superior Court. Tried before Judge Allen, April Term, 1859. This was an action for the recovery of lot of land No. 86, in the first district of Lee county.
Read the full summary
Complaint for land, in Lee Superior Court. Tried before Judge Allen, April Term, 1859. This was an action for the recovery of lot of land No. 86, in the first district of Lee county. Plaintiffs having closed, defendant- tendered in evidence a deed from David Hataway, the grantee, and under whom plaintiffs claimed — deed dated in 1841, which purported to be, and was executed by one Simeon Nicholson as the attorney in fact of said David — power of attorney executed in 1827 or 1828, recited to be made for value received and irrevocable on its face, and by which. Nicholson was authorized to sell…
1Opinion of the Court
By the Court.
Benning, J.,
delivering the opinion.
Was the charge right? We think that it was.
By the common law, a power of attorney is revoked by the death of its maker, unless it be a power coupled with an interest.
*513[1.] In order that a power may he a power coupled with an interest, the agent must have an interest derived from the power, or, from something else, in the property or thing in reference to which the power was given; that he paid a valuable consideration for the power, will not be enough. — Hunt vs. Rousmanier’s adm’rs, 8 Wheat. 174.
Neither of these.propositions, I believe, was…
2Cases cited1 opinion
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
3Cited by5 opinions
- Wilkins v. McGeheeSupreme Court of Georgia · 1891
- Lathrop & Co. v. BbownSupreme Court of Georgia · 1880
- Cutcliffe v. ChesnutCourt of Appeals of Georgia · 1972
- Turman v. WinecoffSupreme Court of Georgia · 1912
- U. S. Epperson Underwriting Co. v. JessupDistrict Court, M.D. Georgia · 1958