Rosenthal v. Ruffin

Stone, J., delivered the opinion of the Court. William H. Pratt and wife, residents of London, England, executed a power of attorney to Asa Higgins, of the City of Baltimore, giving to him full power and authority to sell and convey all the real estate of said Pratt and wife lying in the City of Baltimore. In pursuance of this power of attorney, Higgins sold a portion of said real estate to Samuel Ruffin, the appellee, in the year 1812. Ruffin, in March, 1883, sold the land so purchased by him to Jacob S. Rosenthal, the appellant, who, after examination, objected to the title of the appellee upon the ground that the power of attorney from Pratt and wife to Higgins was not recorded cotemporaneously with the deed to Ruffin.

The power of attorney had been previously recorded among the land records of Baltimore City, and was particularly referred to in the deed to Ruffin. The only question for us to decide in this case is whether it was necessary, in order to give Ruffin a perfect title to the land so purchased by him, that the power of attorney should be recorded at the same ¿¿me with the deed to him. ³²⁶ (Decided 20th June, 1883.) The Act of 1856, codified in the Revised Code, sec. 28, Art. 44, provides that “every power of attorney, authorizing an agent or attorney to sell and convey any real estate, shall he attested and acknowledged in the same