after stating the case: The appellant’s principal contention is that the executor of Gay, the mortgagee, had not power under and in pursuance of the mortgage deed to sell the land in controversy, and execute to the purchaser a deed effectual to pass the title thereto to Summers. This objection is untenable. The deed of mortgage expressly empowered Gay or his executor to sell and convey the land, and there is no reason in legal contemplation why this might not be done. In and by the deed the mortgagor and mortgagee agreed that the latter might execute the power, and if for any reason he could or should not do so in his lifetime, his.executor after his death might. He made his will and therein appointed an executor; he died and the executor, Holman, qualified as such, sold and conveyed the land *523by deed, and thus the power was sufficiently executed. To provide that an executor shall execute a power designates, with certainty the person to be charged for the purpose. If no executor had been appointed, then the appellant’s objection might have had some force at the time the deed was executed. Demorest v. Wynkoop, 3 Johns., ch. 145; 2 Jones on Mort., § 1786.
The statute, however (Acts 1887, ch. 147), expressly confers upon the executor of a deceased mortgagee all the powers; rights and duties he had to enforce the mortgage. This statute applies to cases where the executor- is not mentioned in the power. In this case, the executor was in terms authorized to execute it.
The evidence rejected, offered by the appellant, so far as appears, was not pertinent for any proper purpose. She alleges in her answer that she bid the land off at the sale, and that it was thereafter paid for and the mortgage discharged, but she does not at all allege that she paid for it or that she gave her note or other obligation for the purchase-money; nor does she allege that Summers gave his note for the purchase-money and afterwards paid the same at her instance, and took the deed for the land for her benefit and that of her children, or that he agreed to do so. Much of this testimony was mere hearsay, and none of it was pertinent in any aspect of the pleadings. It was properly rejected.
The testimony of the plaintiff objected to, but admitted, on the trial, was, in view of the findings, scarcely pertinent, but it was harmless.
In no view of the case, as it appears to us, was the appellant entitled to a verdict or judgment.
Judgment affirmed.