28 Ga. 511 | Ga. | 1859
By the Court.
delivering the opinion.
Was the charge right? We think that it was.
By the common law, a power of attorney is revoked by the death of its maker, unless it be a power coupled with an interest.
Neither of these.propositions, I believe, was disputed. But it was insisted, that the case fell within the fifth section of the act of 1785, “to render easy the mode of conveying lands,” &c., a section -which provides, that all sales of lands, made under such powers as it refers to, shall be good, if made before the agent “ shall have ” had “ due notice of a countermand, revocation, or death of the constituent.” — Cobb, 165.
This has been, we think, the uniform construction of the section.
In our opinion, then, it is not true, that the power of attorney in the present case, falls within the section. Consequently, we think,'that the charge of the court was right.
As to the refusal to strike out the amendment, it is sufficient to say, that there was an agreement, in writing, between the parties, by which leave to amend the declaration was given to the plaintiffs.
Judgment affirmed.