Berry v. Harnage

Citations

• 39 Tex. 638

Syllabus

<p>I. It is improper to submit to the jury matters of construction of written instruments.</p> <p>S. Because the court and jury ignored the questions of possession and of limitation, the only issues which could have been submitted to the jury, this case has not been tried on its merits, and for this reason the case is reversed.</p> <p>. 8. A power of attorney authorizing the collection of debts and of personal property, and containg the following clause: “Upon the receipt of any such debt, dues or issues of money, acquittances or other discharges for me, and in my name to make, seal, execute deeds of conveyance and deliver, and generally do all and every act or acts, thing or things, device or devices, in the law, whatsoever needful and necessary to be done in . and about the premises, for me and in my name to do, execute and perform:” held, insufficient authority to sell real estate, and only allowing . deeds of release for mortgages, or to affect contracts theretofore made.</p>