Dodge v. Am. Freehold Land Mortg. Co. Of London

• Decision Date: 02 December 1899
• Citation: 109 Ga. 394,34 S.E. 672
• Parties: DODGE. v. AMERICAN FREEHOLD LAND MORTG. CO. OF LONDON, Limited.
• Court: Georgia Supreme Court

34 S.E. 672

109 Ga. 394

DODGE.

v.AMERICAN FREEHOLD LAND MORTG. CO. OF LONDON, Limited.

Supreme Court of Georgia.

Dec. 2, 1899.

FOREIGN DEEDS—ATTESTATION—CORPORATIONS — CONVEYANCE — SEAL, — POWER OF ATTORNEY—CERTIFICATION.

1. For the purpose of admitting to record a deed executed in another state, the attestationof a commissioner of deeds for Georgia in that state is sufficient without a certificate verifying his identity and official character.

2. A power of attorney from a corporation, authorizing an agent to convey land by deed in this state, signed by two directors and the secretary, and unaccompanied by the seal of the corporation, or by proof that the directors and secretary were authorized by the charter to sign for the corporation, is insufficient to authorize the agent to convey land by deed in this state.

3. In an affidavit for the probate of such a power of attorney before a consul of the United States, wherein the consul recites that the affiant is known to him as the "individual whose signature is affixed to the annexed deed as one of the witnesses thereto, " such affidavit also reciting that this individual was present at the time the writing was executed, that he saw it signed and sealed and delivered by the makers thereof, and that the other subscribing witness was also present, and witnessed the execution of the instrument, but the affidavit being signed by another and different person from the one mentioned therein, it is not sufficient to admit the instrument to record in this state.

(Syllabus by the Court.)

Error from superior court, Dodge county; C. C. Smith, Judge.

Action by the American Freehold Land Mortgage Company of London, Limited, against one Sherwood, to subject certain land to the levy of an execution against defendant, to which N. W. Dodge interposed claim. From a decree subjecting the land, claimant brings error. Reversed.

De Lacy & Bishop, for plaintiff in error.

E. Herrman and J. E. Wooten, for defendant in error.

SIMMONS, C. J. The record discloses that Rawlins made a deed to Sherwood to secure borrowed money. Sherwood conveyed the land to the American Freehold Land & Mortgage Company of London, Limited. Rawlins failing to pay the money borrowed, the mortgage company sued him, and obtained judgment. In order to reconvey the land to Rawlins, the borrower, the mortgage company undertook to make a power of attorney to Sherwood authorizing him to reconvey the land to Rawlins, so that it might be levied upon and sold for the payment of the debt. Sherwood, under the power, did reconvey. The sheriff levied upon the land, and Dodge claimed it. On the trial of the case this deed from Sherwood to Rawlins and the power of attorney to Sherwood were offered in evidence, and were objected to by the claimant's counsel. The deed was objected to because the certificate of the commissioner of deeds for Georgia in New York was not such as required by the Code. The power of attorney was objected to because it was signed only by two directors and the secretary of the mortgage company, that the seal of the company was not affixed to the power, and there was no evidence offered to show that the directors and secretary had the right to sign the power of attorney authorizing the agent to convey land. The court overruled the objection, and admitted the deed and the power of attorney. To this ruling the claim ant excepted, and made it one of the grounds of his motion for new trial.

1. The objection to...