§ 10-6-51. Principal Bound by Acts Within Scope of Authority; No Right to Ratify in Part
The principal shall be bound by all the acts of his agent within the scope of his authority; if the agent shall exceed his authority, the principal may not ratify in part and repudiate in part; he shall adopt either the whole or none. History. Orig. Code 1863, § 2172; Code 1868, § 2168; Code […]
§ 10-6-26. Estoppel of Agent to Dispute Principal’s Title
An agent may not dispute his principal’s title, except in such cases where legal proceedings, at the instance of others, shall have been commenced against him. History. Orig. Code 1863, § 2166; Code 1868, § 2162; Code 1873, § 2188; Code 1882, § 2188; Civil Code 1895, § 3012; Civil Code 1910, § 3584; Code […]
§ 10-6-27. Right of Principal to Follow Money Deposited by Agent
A principal may follow his money deposited by an agent in the latter’s name and recover the same wherever found, unless the rights of innocent third persons shall have intervened. History. Civil Code 1895, § 3005; Civil Code 1910, § 3577; Code 1933, § 4-208. History of Code section. This Code section is derived from […]
§ 10-6-28. When Agent Depositing Principal’s Money Not Liable for Bank Failure
If the money of a principal shall be deposited by a private agent in the name of the principal in the hands of a bank of good credit and the deposit is according to the common usage of the place, the agent shall not be responsible for any loss arising from the failure of the […]
§ 10-6-29. Mingling Goods of Principal and Agent
An agent, by willfully mingling his own goods with those of his principal, shall not create a tenancy in common; but, if incapable of separation, the whole shall belong to the principal. History. Orig. Code 1863, § 2171; Code 1868, § 2167; Code 1873, § 2193; Code 1882, § 2193; Civil Code 1895, § 3020; […]
§ 10-6-30. Agents and Fiduciaries to Keep Accounts; Effect of Neglect
It shall be the duty of agents, trustees, administrators, guardians, conservators, receivers, and all other fiduciaries to keep their accounts in a regular manner and to be always ready with them supported by proper vouchers; neglect of this duty shall be ground for charging them with interest on balances on hand and with costs. History. […]
§ 10-6-31. When Agent Entitled to Commission and Expenses
An agent who shall have discharged his duty shall be entitled to his commission and all necessary expenses incurred about the business of his principal. If he shall have violated his engagement, he shall be entitled to no commission. History. Orig. Code 1863, § 2168; Code 1868, § 2164; Code 1873, § 2190; Code 1882, […]
§ 10-6-4. Fiduciary Authority to Sell and Convey Property as Attorneys in Fact
Personal representatives, guardians, conservators, and trustees are authorized to sell and convey property by attorneys in fact in all cases where they may lawfully sell and convey in person. When a personal representative, guardian, conservator, or trustee exercising the authority conferred by subsection (a) of this Code section appoints an attorney in fact by a […]
§ 10-6-5. What May Be Done by Agent; Delegation of Agent’s Authority
Whatever one may do himself may be done by an agent, except such personal trusts in which special confidence is placed on the skill, discretion, or judgment of the person called in to act; so an agent may not delegate his authority to another unless specially empowered to do so. History. Orig. Code 1863, § […]
§ 10-6-6. Conditional Power of Attorney
As used in this Code section, the term “conditional power of attorney” means a written power of attorney stating that it becomes effective at a specified future time or on the occurrence of a specified event or contingency, including, but not limited to, the subsequent incapacity of the principal. In a conditional power of attorney, […]