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Old 08-18-2005, 02:42 PM
chapka chapka is offline
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Join Date: Aug 2005
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Quote:
Originally Posted by palani
From Bouviers' 1856 Law Dictionary

NAKED. This word is used in a metaphorical sense to denote that a thing is not complete, and for want of some quality it is either without power, or it possesses a limited power. A naked contract, is one made without consideration, and, for that reason, it is void; a naked authority, is one given without any right in the agent, and wholly for the benefit of the principal. 2 Bouv. Inst. n. 1302. See Nudum Pactum.

Exactly. A naked authority, or naked power, is a power held by a party without an interest.

Quote:
NUDUM PACTUM, contracts.

This is irrelevant, since a naked contract has nothing to do with a naked power.

Quote:
POWERS - (non-applicable sections not shown)

[...]

10. Powers collateral, are those which are given to mere strangers, who have no interest in the land: powers of sale and exchange given to trustees in a marriage settlement are of this kind.

Exactly. A collateral power is another name for a naked power.

Quote:
I would agree with this assessment with the additional comment that by purchasing land in this manner you are purchasing a color of title and not actual title.

This is not what "color of title" means, and you can't purchase a "color of title." The only way "color of title" would be relevant in this scenario would be in the context of adverse possession or a similar proceeding.

There's nothing invalid or incomplete about a naked power; title is transferred just as with any other conveyance of land; there are simply more procedural hoops to be jumped through, as with any fiducairy or related transaction. Nothing that you've quoted above contradicts this. Otherwise, every time you inherited property under someone's will, or bought something from a trustee, you'd be getting less than full title.
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