Townsend v. Vanderwerker
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. This was a bill in equity to recover one-half the value of a certain piece of real estate in Washington, with the house thereon standing, of which one Julia R. Marvin died seized, together with a like proportion of the rents of the said house and lot received by Mrs. Marvin during her lifetime, or due and unpaid since her death.
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APPEAL FROM THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. This was a bill in equity to recover one-half the value of a certain piece of real estate in Washington, with the house thereon standing, of which one Julia R. Marvin died seized, together with a like proportion of the rents of the said house and lot received by Mrs. Marvin during her lifetime, or due and unpaid since her death. The amended bill, which was brought against the heirs at law of Julia R. Marvin, the administrator of her estate, and the trustee named in a deed of trust of the property in question, averred in substance that…
1Opinion of the Court
Mr; Justice Brown,
after stating the case, delivered the opinion of the court.
1. The ultimate object of the bill in this case is the recovery of a pecuniary demand, and, if this were its only object, it would be obnoxious to the general rule embodied in Rev. Stat. § 723, inhibiting the maintenance of a suit in equity where the remedy at law is plain, adequate, and complete.
The bill, however, in addition to the recovery of money, seeks to establish a trust in favor of the plaintiff, and to obtain a sale of the property to satisfy his claim. The prayer is, not for a reimbursement to the…
2Cases cited10 opinions
- Neale v. NealesSupreme Court of the United States · 1870
- Wylie v. CoxeSupreme Court of the United States · 1854
- Bostwick v. . BeachNew York Court of Appeals · 1886
- Seymour v. FreerSupreme Court of the United States · 1869
- Brown v. SuttonSupreme Court of the United States · 1889
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3Cited by115 opinions
- Halsell v. Renfrow and EdwardsSupreme Court of Oklahoma · 1904
- McIntire v. PryorSupreme Court of the United States · 1899
- Halsell v. RenfrowSupreme Court of Oklahoma · 1904
- Potter Title & Trust Co. v. FrankSupreme Court of Pennsylvania · 1929
- Hoehn v. CrewsCourt of Appeals for the Tenth Circuit · 1944
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