Hemstreet v. Burdick

Citations

• 90 Ill. 444

Syllabus

<p>1. Deed—whether hy parties individually or officially. Where a deed purports, on its face, to be made by the “ trustees of schools in township,” etc., of the first part, and they, by the same description, as parties, relinquish the right, of homestead, and covenant to warrant the title for themselves and their successors in office, though signed by their individual names only, on proof they were such trustees it will be held to be the deed of the corporation they represent, and to pass the title of the corporation. If this were not so, the deed would still pass the equitable title to the grantee.</p> <p>2. Cloud upon equitable title. On a bill in equity to remove a cloud from the complainant’s title to land, an equitable title is all that- is required to support the allegation of ownership of the title.</p> <p>3. Power or attorney to sell land, includes power to convey. A power of attorney “ to sell or lease any and all real estate ” belonging to the maker of the instrument, confers the power to contract to sell and to convey or transfer the property sold.</p> <p>4. Same—construction. Although a power of attorney must be strictly construed, yet the rule does not require a construction that will defeat the intention of the parties. Where the intention fairly appears from the language used, that intention must control.</p> <p>5. Agent—sale in payment of his own debt. Where a party, after the execution of a mortgage upon a tract of land to secure a debt owing by him, conveyed the same and various other lands to his brother-in-law, who gave him his promissory notes for the purchase money thereof, and also a power of attorney, empowering him to sell or lease any or all of such lands, and such agent conveyed the mortgaged land mentioned to the mortgagee in discharge of the mortgage and mortgage debt, and gave up to his principal a corresponding amount of his own obligations for the purchase money, and entered satisfaction upon the record of the mortgage given by the pr