Sandpoint Lumber & Pole Co. v. Anderson
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Bonner County. Hon. John M. Flynn, Judge. Suit to quiet title. Judgment for plaintiff.
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APPEAL from the District Court of the Eighth Judicial District, for Bonner County. Hon. John M. Flynn, Judge. Suit to quiet title. Judgment for plaintiff. After the completion, by filling in the name of the attorney in fact, of a power of attorney to sell real estate, which power of attorney had been executed with the name of the attorney in fact left blank, the subsequent erasure of the name of such attorney in fact so written in and the substitution in its place of the name of another as attorney in fact is a material alteration of the iiistrument and renders the same inoperative as ‘an…
1Opinion of the CourtMorgan, C. J.
On April 15, 1901, John H. Patten, who was the owner of land in a forest reserve, relinquished it to the United States and thereby acquired a right to select from the public domain land in lieu thereof. (30 Stats, at L. 36.) In the exercise of his right, and in conformity to the usual practice in such cases, he issued two powers of attorney, one of which authorized and directed his attorney in fact to select land in lieu of that relinquished, and the other, which was irrevocable and was executed by Patten and his wife, authorized the attorney in fact to sell and, in their name, place and…
2Cited by3 opinions
- Jay v. DollarhideCalifornia Court of Appeal · 1970
- Rosenberg v. C. W. Clarke Co.California Court of Appeal · 1962
- Begue v. Grizzly Live Stock & Land Co.District Court, S.D. California · 1932