John McLean

“ No principle is better settled, than that the powers of an agent cease on the death of his principal. If an act of agency be done, subsequent to the decease of the principal, though his death be unknown to the agent, the act is void.
On the death of James Galt, the land in controversy descended to his heirs; and there is no proof that they authorised Westfall to act in their behalf. If he had the power to withdraw any part of the warrant, it must have been derived from the single circumstance of his having had the control of the warrant when the entry was made. ”

“ The control which he must necessarily exercise over the warrant, cannot, consistently with the interest of the owner, be limited to the first attempt at making an entry. If that attempt be imperfect, or if the selection of the land be less advantageous to his employer than it might be, there is no reason why he should not change the entry. The authority necessarily extends to the withdrawal, as fully as to the location, and such has been the uniform construction of the power of the locator. ”

“ The possession of the warrant is tantamount to a letter of attorney to make the entry, to alter or withdraw it, and to direct the survey: but is there no limitation when this authority under the warrant shall cease? Can it be safely considered an investing the locator with a higher power than a letter of attorney? ”