Rogers v. William Bracken's Adm'r.
| Decision Date | 01 January 1855 |
| Parties | HUMPHREY W. ROGERS AND OTHERS v. WILLIAM BRACKEN'S ADM'R. |
| Court | Texas Supreme Court |
Where the constituent in a power of attorney to sell real estate took from the attorney, at the date of the delivery of the power, a receipt signed by the latter only, explaining the object for which the power was given, in a suit by the administrator of the constituent against purchasers from the attorney to recover the land, it was held that the receipt was admissible in evidence, when offered by the defendants.
It is not a valid objection to the execution of a power of attorney to sell real estate, that the deed is made in the name of the attorney, in his own right; and a bond for title, in same form, will be enforced as a good execution of the power. The power of attorney had been duly recorded in this case.
Where a defendant, in an action of trespass to try title, fails to suggest valuable improvements in his pleadings, he cannot be permitted to prove them on the trial.
See this case as to the basis of a claim for valuable improvements under possession in good faith.
Appeal from Guadalupe.
J. Ireland, for appellants.
Thornton and Brewster & West, for appellee.
This suit was brought by the appellee to recover a tract of land patented by the government to the deceased William Bracken. The defendants claimed title to the land sued for, under bond for title from A. Neil, executed by him in his own right. Andrew Neil came in by agreement and was made a party, and claimed the right to sell the land, and claimed and showed a power of attorney which had been recorded, from Bracken to him, which is as follows, i. e.:
THE STATE OF TEXAS, Gonzales County.
Know all men by these presents, that I, William Bracken, of the county of Jackson, do make, constitute and appoint Andrew Neil, of Guadalupe county, my true and lawful attorney in fact, for me and in my name, place and stead, to take possession of, and to bargain, sell and convey, all or any part or parcel of the tract or parcel of land held by me, by patent, on the southwest side of Guadalupe river, about seven miles above Seguin, in Guadalupe county, and known as survey No. 23, and containing 23,525,350 square varas, or about four thousand one hundred and sixty-four acres, as the same is set forth and described by the field notes and patent; and for my said attorney to execute for me such deeds of general warranty as will pass the title of the same to any person whomsoever, and to have the same so made, proven and recorded, in as full and ample a manner as I could do were I personally acting; for all of which this shall be a full warrant and power.
+---------------------------------+
¦(Signed)¦WILLIAM BRACKEN, [L. S.]¦
+---------------------------------+
Witnesses: WM. HESS JONES and S. B. CONLEY.
Neil called upon the opposite party to produce a receipt of his to Bracken, alleging the same to be in their possession, whereupon it was produced and read to the jury, and evidence was offered to the jury, and given, to show that the receipt was given at the time of the execution and receipt by him of the power of attorney before recited. There was no objection made by the plaintiff to the evidence, and the object of offering it was to show that it was a part of and explained the object of the power of attorney. The receipt is as follows, i. e.: ...
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Hoover v. Wukasch
...follows: 'Can Cartwright's estate be bound by such an instrument?' Then follows the following significant statement: 'The case of Rogers v. Bracken, 15 Tex. 564, holds that such a title bond may be enforced against the principal, although not named or alluded to, but it is to be observed th......
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Martin v. Robinson
... ... , though granted after the lapse of 28 years from the death of William Dudley, must be considered as valid; it having been allowed by a court of ... ...
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Hill v. Conrad
...power, because the purchaser will be supposed to have bought in reliance on it. The principle has complete application here." In Rogers v. Bracken, 15 Tex. 564, which is cited by the court of civil appeals, the facts were, in brief, that Bracken made a power of attorney to A. Neil, authoriz......