New Jersey Law Reports Volume 20

New Jersey Law Reports Volume 20

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ...was not supported, and the plaintifi' had a rightto buy the farm of the real owner for s_u, q.h sum as he could get it for. I think therelbre that all evidence upon the subject of the plaintifi"s purchase of the Burr title, '_or' of his subsequent sales or disposition of the farm, was unlnwl'ul. But the mattersjust adverted to, go only to the regularity of the trial._ There are two questions to be settled in the cause that gu to the merits of the case; they are, I. Was the deed executed by Richards and Black to the plain-Adniinistrators of Earle v. Earle. tiff, good for any thing? Vould it pass any title, under the laws ofthis state? and ifit would, then, Il. /as the contract of bargain and sale ever executed? In other words, had it been consuminated, by the delivery and acceptance of thatdeed? _The first question relates to the validity of the deed. I am of ipinion that it is immaterial, whether the letter of attorney, from William L. Earle and Harriet his wife, was a joint or ajoint and several power. Her death was no revocation in either case. Vhatever it was in form, in legal effect, it was only his letter of attorney. So far as respects his wife, it was a nullity. She-could not sell her own lands, or bar her dower in her husbund's, by letter of attorney. A deed made in pursuance of this letter, it having been duly proved and recorded, would have passed the title of William L. Earle, if he had any. But the deed does not recite, refer to, or in any way purport to have been made in pursuance of that letter of attorney. If it had been silent upon the subject of the authority upon which it had been made, the law, perhaps, would at once have referred it to the letter of attorney lawfully on record. But on this point the more

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  • Paperback
  • 189 x 246 x 14mm | 481g
  • United States
  • English
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  • 1236906055
  • 9781236906052