Shamburger v. Kennedy
Supreme Court of North Carolina
Shamburger v. Kennedy, 12 N.C. 9 (N.C. 1826)
Hair
Shamburger v. Kennedy
Opinion of the Court
delivered the opinion of the Court:
The deed executed by M’Neil, the Sheriff, to the Plaintiff, being an official act, conveyed a good and valid title — (3 Murph. 507.) In the other view of the case taken by the Judge, supposing the Sheriff did not act officially, but as the agent of Hussey, I do not concur, unless M’JSTeil had been duly authorised, by a written Power of Attorney, to execute the deed for him. An authority by parol would not be sufficient, because titles to land must be evidenced by written conveyances. I think the non-suit ought not to be set aside.
Per curiam,
Judgment aeeirmed.
Reference
- Full Case Name
- John Shamburger v. Alexander Kennedy. adm'r of Wm. Hussey, dec.
- Status
- Published