184 Ga. 783 | Ga. | 1937
Although “a formal power of attorney . . is subject to a strict construction,” and “general terms in it are restricted to consistency with the controlling purpose, and will not extend the authority so as to add new and distinct powers different from the special powers expressly delegated” (White v. Young, 122 Ga. 830, 51 S. E. 28; Claflin v. Continental Jersey Works, 85 Ga. 27, 42, 11 S. E. 721; Born v. Simmons, 111 Ga. 869, 36 S. E. 956), yet in such a construction the general statutory rule also should be observed, that “the agent’s authority shall be construed to include all necessary and usual means for effectually executing it.” Code, § 4-301; Holman v. Ga. R., 67 Ga. 595 (3-a), 599; Strong v. West, 110 Ga. 382 (35 S. E. 693); Martin v. McLain, 51 Ga. App. 336, 338 (180 S. E. 510). Accordingly, where, as in this case, the holder of the legal title under a deed to secure debt executed a power of attorney empowering his named attorney in fact to “bring suit on [the] papers,” comprising the deed and evidence of debt, “to cause [the] property to be sold under levy after judgment,” and “to bid in [the] property in [the] name” of such holder of the legal title, this authority included, as a “necessary and usual means” of selling the property, the right to execute the quitclaim reconveyance to the debtor, record of which in the clerk’s office is made by the Code, § 67-1501, a prerequisite to a valid levy and sale of the property.
“A power of attorney, under which a deed is made, is a muniment of title, and may be recorded along with the deed, but its record is not -necessary to the validity of the record, of the
3. Since, under these rulings, it is unnecessary to the validity of a deed of conveyance by an attorney in fact for the power of attorney to be recorded with the deed, or even for it to be recorded at all, if it can be shown to in fact exist as a genuine and legal instrument executed under seal (Code, § 4-105; Lynch v. Poole,
Under these rulings, the court properly dismissed on general demurrer the petition of the administrator of a grantor under a security deed, attacking the validity of the quitclaim deed of re-conveyance, the power of attorney therefor, and the deed to the purchaser at a sale of the property.
Judgment affirmed.