31 F. 103 | U.S. Circuit Court for the Southern District of Georgia | 1887
The allegations of complainant’s bill arc that the defend - ant Alice J. Walker made application to Sherwood, the agent of complainant, for a loan of §1,000 upon certain real estate as security. The loan was made, and Alice J. Walker, who was tlio owner of the land, executed and delivered to complainant a promissory note therefor, and a deed to secure the sum due thereon; that Alice J. Walker executed a power of attorney to her husband, Allen M. Walker, to execute the deed, but by inadvertence the power of attorney was executed in the presence of one witness only, when, under the law of Georgia, two witnesses are required, where the power relates to the execution of titles to land. The. bill prays that the formal defect in the power of attorney be corrected, and that the conveyance to secure the debt be hold valid. To this bill the defendants demur generally, and for special demurrer insist that the deed under the power of attorney was made to Sherwood, and that the complainants were strangers to the transaction; and, further, that, because the power of attorney was defective, a court of equity would not. in correcting the power of attorney, pass upon the validity of the deed executed under it.
As to the first ground of demurrer, it is sufficient to say that the bill alleges that Sherwood was the agent of the complainant.
So far as the last ground of demurrer is involved, the contention of the defendants is well founded. The court' will not pass upon the validity of the title upon an equitable proceeding to correct an error in an instru
The demurrer is overruled.