Prine v. Syverson
| Decision Date | 17 October 1893 |
| Parties | PRINE v. SYVERSON ET AL. |
| Court | Nebraska Supreme Court |
1. One S., being the owner of certain real estate, executed a power of attorney to one H., authorizing him to sell the land, for cash or partly on credit, for not less than $20 per acre. H., being unable to sell at $20 per acre, afterwards sold the land, subject to the approval of his principal, at $2,000 cash. Held, that the weight of the testimony sustained the finding and judgment of the court that the principal had ratified and confirmed the sale.
2. Persons who purchased while the land was in the actual occupancy of another are charged with notice of his rights in the premises.
Appeal from district court, Madison county; Isaac Powers, Judge.
Action by W. T. Prine against Ole Syverson and others for the specific performance of a land contract. Plaintiff had decree, and defendants appeal. Affirmed.Searles & Ellsworth and Barnes & Tyler, for appellants.
Allen, Robinson & Reed and M. B. Foster, for appellee.
This is an action to enforce the specific performance of a contract for the sale of real estate. It appears from the record that the defendant Ole Syverson resided in this state from about the year 1870 to 1885. That he was the owner of a quarter section of land at Newman Grove, Madison county. That in May, 1885, he executed a power of attorney to George B. Hovland, as follows:
“Power of Attorney Filed Jan. 2nd, 1890, at 8 A. M. Know all men by these presents, that I, Ole Syverson, of the town of Newman Grove, in the county of Madison and state of Nebraska, do hereby make, constitute, and appoint George B. Hovland, of the town of Newman Grove and state of Nebraska, my true, sufficient, and lawful attorney, for me, and in my name, place, and stead, to conduct and carry on the business of selling for not less than $20 per acre, and giving a deed of general warranty therefor, to rent or to lease, the following described real estate, to wit, all the N. W. 1/4 of the S. E. 1/4 and the N. E. 1/4 of the S. W. 1/4 of sec. 29, township 21 west, north of range 4 west of the 6th principal meridian, Newman Grove, Madison county, Nebraska; to sell, either for cash or on credit, all such property as he may deem useful and proper, connected with said business; to state accounts; to sue and compromise, collect or settle, all claims or demands, due or to become due, now existing or hereafter to arise in my favor; and to adjust, settle, and pay all claims and demands which now exist against me, or may hereafter arise, either as connected with the foregoing business or otherwise; to take the general management and control of my property and business, and to execute and enter into bonds, contracts, and deeds connected therewith; and to release all mortgages that are now on record in the state of Nebraska in my name; and to release any mortgages which may hereafter be given to me, either real or personal; and, in general, to do all other acts and things which he may consider useful or necessary, connected with my business, property, and interests. [Signed] Ole Syverson. Signed in presence of A. J. Thatch.
The state of Nebraska, Madison county--ss.: On this 5th day of May, A. D. 1885, before me, the undersigned, a notary public duly commissioned and qualified for and residing in said county, personally appeared Ole Syverson, to me well known to be the identical person who subscribed said power of attorney as principal, and he acknowledged the said instrument to be his free and voluntary act. In testimony whereof, I have hereunto set my hand and affixed my notarial seal at Madison, Nebraska, in said county, the day and year last above written. A. J. Thatch, Notary Public. [Seal.]”
Syverson then went to Norway, and resided there for several years. No opportunity to sell the land at $20 per acre seems to have occurred, but in May, 1889, Prine and Hovland entered into the following:
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