Chase v. Dana

Citations

• 44 Ill. 262

Syllabus

<p>1. Agency—an attorney in fact—must act strictly within the scope of his authority. The rule is an established one, that an attorney in fact can only act within the strict letter of his authority, for the purposes and in the manner prescribed, a departure from which will not be sanctioned.</p> <p>2. Judgment note — what deemed unauthorized action upon under power delegated. Where, under a warrant of attorney, to enter the appearance of the maker of a note bearing date April 24, 1846, and confess a judgment thereon, the appearance was entered and a judgment taken upon a note bearing date April 24, 1856, — held, that the action was unauthorized, and the judgment entered therein a nullity, and binding upon no person, either in a direct or collateral proceeding.</p> <p>3. Judgments—of a sale under a void judgment — no title divested. And in such case lands sold under an execution issued upon the judgment divests no title; the judgment being unauthorized, the sale is void.</p>