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SMITH v. SHEELEY

79 U.S. 358 (____)

12 Wall. 358

SMITH v. SHEELEY.

Supreme Court of United States.

Attorney(s) appearing for the Case

Mr. J.M. Woolworth, for the plaintiff in error:

Messrs. J.I. Redick and C. Briggs, contra:

Mr. Justice DAVIS delivered the opinion of the court.

It is insisted, in behalf of the plaintiff in error, that Redick had no authority to make this deed in Mitchell's name, because the power under which he acted directed him to convey such title as Mitchell then had, which was only a possessory right. It is true that in February, 1857, when the power of attorney was given, Mitchell had not the legal title to the lot, but as the mayor of Omaha conveyed it to

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