Cook v. Lindsay

Citations

• 57 Tex. 67
• 1882 Tex. LEXIS 95

Syllabus

<p>1. Power op attorney— Colonial grant.— A power of attorney was executed by a colonist on the 7th day of October, 1885, authorizing the attorney to sell, convey and confirm to a third party named, “ or any person he may choose,” and a good title in the name of the principal to make, to the league and labor of land to which he was entitled as a colonist, as-soon as title should issue. The instrument contained clauses of ratification, authorized substitution, renounced, according to the usual form, all laws that could affect its validity, and declared the power to be irrevocable. Title issued on the land on the 12th of October, 1885. The instrument was filed for record on the 12th of October, but recited its delivery on the 7th of October, 1835. 1-Ield,</p> <p>(1) Though not executed with the formalities necessary to make it an authentic instrument, it did not for that cause-fail to take effect at its date.</p> <p>(2) The effect of the instrument, if valid, was to place the land the colonist expected to receive beyond his control.</p> <p>(3) Though no consideration was recited, it was manifestly a contract to sell, and implied a consideration, since the power was made irrevocable.</p> <p>(4) Being a contract to sell before the issuance of title, it was in violation of the colonization laws in force, void, and conferred neither title or authority to convey title.</p>