Gray v. Powell’s Empirical Analysis
1926
Citation profile
2 federal appellate · 8 state decisions
How this case has been cited
Cited by 10 later decisions — most recently December 1954
2 federal appellate · 8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Kalteyer v. Mitchell · Frost v. Erath Cattle Co. · 24 Tex. Civ. App. 269 - First National Bank v. Hicks · 21 Tex. Civ. App. 308 - Martin v. Somervell County · 43 Tex. Civ. App. 1 - Skirvin v. O'Brien
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Powers of attorney are strictly construed. General expressions of authority therein contained are referable to the specific acts expressly authorized. Frost v. Erath Cattle Co., 81 Tex. 509 , 17 S. W. 52 , 26 Am. St. Rep. 831 ; Skirvin v. O’Brien, 43 Tex. Civ. App. 1 , 95 S. W. 696 . The power to sell or barter does not authorize the agent to mortgage. Texas, etc., v. Klapproth (Tex. Com. App.) 209 S. W. 392 ; [First Nat.] Bank v. Hicks, 24 Tex. Civ. App. 269 , 59 S. W. 842 . “The power of attorney given by Gray and wife authorized Dadd to sell and convey 200 acres of land in Eastland county for cash or vendor’s lien notes or to accept other property in trade for same; to receive and receipt for ‘all moneys due to me from the person or persons buying said land or to accept conveyances of other property in exchange for same in my name and stead and to do anything else necessary and proper in the disposal of said land as he sees fit.’ If there is the slightest intimation in the instrument that Ladd was invested with any jus disponendi of property which he might accept in exchange we do not see it. Under a power to sell or barter he made an exchange and mortgaged the property which he traded for. He was clearly without authority to execute the mortgage.””
1 later decision quote this exact passagee.g. Means v. Harvey
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.