This section contains the nature of the case and procedural background.

Daniel (D) in exchange for consideration got from his motherland. D gave her a bond for $1350 to be paid if he sold the land. The bond was to be paid out $1200 to mother, $50 to his sister and $100 to his brother Edward (P). The land was sold, and D settled with his mother but not with the others. P did not know of the original transaction. The mother released the bond and P sued. P did not give the mother any authority to satisfy the mortgage as to his interest therein. The trial court held that P did not have a cause of action. P appealed.

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