Turpin v. Sansom

Citations

• 36 Tex. 142

Syllabus

<p>Plaintiff, being in 1861 joint owner with M. of certain land and other property, and being about to go off in the army, made his power of attorney to M., and thereby empowered him to sell any of the property to pay their joint debts, but the power to become void on plaintiff’s return from the army. Their joint liabilities were 'for coin. During plaintiff’s absence in the army, M. sold the land for Confederate money, which he paid over to an agent of one of their joint creditors. Plaintiff sued M.’s vendees to recover his half interest in the land. Held, that the power of attorney conferred no authority on M. to sell the property for Confederate money, and a purchaser of the land from him, for such money, acquired no title unless the sale was subsequently ratified by the plainiff. Meld, further, that unless the joint creditor had ratified his agent’s receipt of the Confederate money from M., that debt was still unextinguished by such receipt.</p>