Baxter v. Yarborough

Decided July 1, 1876

Texas Supreme Court · decided 1876-07-01

Tried below before the Hon. Z. Horton. Suit in trespass to try title brought by J. F. Baxter. On the trial the plaintiff sought to introduce a power of attorney, authorizing the attorney “ to transact all business for me, and in my name, in the State of Texas, to sell all the land in said State which I now own, to execute all manner of deeds,” &c., which was excluded from the jury on objection of defendant. On this ruling an exception was taken, and error assigned.

Decided 1876-07-01

Roberts, Chief Justice.

¶1The only question in this case is, did the court err in excluding from the jury a power of attorney, under which one of the deeds in evidence before the jury was made, upon the ground, as shown by the bill of exceptions, that the land to be sold was not particularly described in the power of attorney. We think this was error. The power of attorney embraced any and all lands that might be owned by the principal in the State of Texas, and it was certainly not necessary to specify any particular tract of land in Texas to authorize the agent to sell it. Ho authority for such a rule of law has been cited, and it is believed none such could be found.

¶2Judgment reversed and cause remanded.

¶3Beversed and remanded.