25 Mo. 313 | Mo. | 1857
delivered tbe opinion of tbe court.
Tbe only question in tbis case is, whether the deed from Hardin D. Martin and Eveline Martin bis wife, to Green E. Martin, which was executed in tbe following manner, is tbe deed of tbe principals or not: “ This indenture, made and. entered into tbis second day of April, 1846, by and between Hardin D. Martin and Eveline Martin, of the county of Platte, and state of Missouri, of tbe first part, and Green E. Martin, of Jefferson county, and state of Missouri, of the second part, witnesseth,” &c. Tbe covenants in said deed are in these words : “ The said parties of the first part, for their heirs, &c., covenant and agree,” &a. The deed concludes as follows: “ In witness whereof, the said parties of the first part have hereunto set their hands and seals the day and year above written. [Signed] Zadock Martin (seal), James B. Martin (seal), attorneys in part for Hardin D. Martin and Eveline Martin.”
We have no hesitation in saying that, in our opinion, this deed is the deed of Hardin D. Martin and Eveline Martin;
Judge Story, in his treatise on agency, says : “ The true and best mode in such cases undoubtedly is, to sign the name of the principal 4 A. B.,’ and to add 4 by his attorney, C. D.;’ but it will be sufficient if the signature, in such cases, be 4 for A. B.’ (the principal), 4 C. D.’ (the agent) ; for, under such circumstances, the order of the words is not material as the deed purports on its face to be the deed of the principal, and the intention is to execute it in his name and as his deed. Indeed, in all cases where the instrument purports on its face to be intended to be the deed of the principal, and the mode of execution of it by the agent, however irregular and informal, is not repugnant to that purport, it would probably be construed to be the deed of the principal, especially where the in testimonium clause is that the principal has thereto affixed his seal.” (Sto. Ag. § 153.) A bond which sets forth that A. B., as agent of C. D., legally appointed for the purpose, binds the said C. D. to make a title, &c., and which is executed as follows : 44A. B. (seal), agent for C. D.,” is the deed of 0. D., provided the authority of A. B. be sufficient. C. D. is here alone bound for the performance of the covenants, and the bond is executed for him by his agent. (Dening v. Bullett, 1 Blackf. 242.) It is most advisable, however, when the principal alone is to be bound, to write the deed as if it were to be executed by the principal in person, without inserting the attorney’s name at all as was done in
We deem it useless to multiply authorities on this subject or to cite further examples. We are satisfied that the ruling of the court below, declaring the deed in this case to be the deed of Hardin D. Martin and Eveline Martin, was strictly conformable to authority, and as such the judgment below must be affirmed;