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Free Books / Real Estate / American Law Of Real Estate Agency / | ![]() |
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Sec. 58. Deeds, Their Execution By Agents |
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This section is from the book "American Law Of Real Estate Agency", by William Slee Walker. Also available from Amazon: American law of real estate agency.
One who has authority from another to execute a deed or other instrument under seal, should do it in the name of that other, and not in his own name, even as agent. Robbins v. Butler, 24 I11. 428. If an agent sign and seal a deed in his own name, it does not bind the principal, though in the body of the deed it is stated to be made by the agent in behalf of his principal. Bellas v. Hayes, 5 Serg. & R. (Pa.) 427; Fitch on Real Est. Ag., p. 97, citing Townsend v. Hubbard, 4 Hill (N. T.J, 351; Townsend v. Corning, 23 Wend. (N. Y.) 435.
A deed which ran, "Know all men by these presents that I, A. B., as agent for C. D., do hereby grant, sell and convey," etc., and signed "A. B. for C. D." was held to be the deed of "A. B." and not "C. D." Story on Ag. Sec. 154. Where an agent executed a deed in his own name, although he covenanted "for and on behalf" of his principal, he was held personally bound, and not his principal. Appleton v. Binks, 5 East (Eng.), 148.
 
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