57 Tex. 67 | Tex. | 1882
The power of attorney from the colonist Robertson to Fuller bears date October 7,1835, and on its face purports to have been executed on that day. Although not executed with the formalities required to make it an authentic instrument, it did not, for that reason, fail to take effect on the day of its date. The certificate appended to it shows that on October 12th, Fuller, acting apparently in the absence of Robertson, procured the instru
The instrument, called a power of attorney, in fact shows a contract by a colonist in October, 1835, to sell the land to be granted to him as a colonist, before the issuance of title. Such a contract. was in violation of the law then in force, and was therefore invalid. Robbins’ Heirs v. Robbins’ Heirs, 3 Tex., 476; Burleson v. Burleson, 11 Tex., 8; Atkinson v. Ball, 18 Tex., 478; Holmes v. Johns, Tyler Term, 1881.
The deed from Fuller, as attorney for Robertson, to Armory, being unsúpported by any valid power of attorney, was rightly excluded by the court.
• The record shows no evidence, or offer to introduce evidence, raising any question of acquiescence or ratification, or of the presumption of a valid power of attorney. The judgment is affirmed.
Affirmed.
[Opinion delivered April 25, 1882.]