Chilton v. Braiden's Administratrix
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the District of Columbia. The appellee, Margaret Lyons, administratrix of Elizabeth Braiden, deceased, on February 12th, 1857, filed her bill in the Circuit Court of the District of Columbia for the sale of part of square No. -226, in the City of Washington, to enforce the payment of the purchase money due therefor, against Agnes R. Hazard, a married woman, — who had purchased on the credit of her separate estate.
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Appeal from the Circuit Court of the United States for the District of Columbia. The appellee, Margaret Lyons, administratrix of Elizabeth Braiden, deceased, on February 12th, 1857, filed her bill in the Circuit Court of the District of Columbia for the sale of part of square No. -226, in the City of Washington, to enforce the payment of the purchase money due therefor, against Agnes R. Hazard, a married woman, — who had purchased on the credit of her separate estate. O. E. P. Hazard, her husband, and Sam’l Chilton, her trustee, were joined with her as defendants. The bill sets forth the…
1Opinion of the CourtJustice Grier
When one person has got the estate of another, he ought not, in conscience, to be allowed to keep it without paying thé consideration. It is on this principle that Courts of Equity proceed as between vendor and vendee. The purchase money is treated as a lien on the land sold, where the vendor has taken no separate security. In the present case this lien has not been defeated by alienation to a bona fide purchaser, or any subsequent lien of creditors. The issue taken in the answer concerning the respondents’ ability to pay out of her separate estate is wholly immaterial except to give…
2Cited by28 opinions
- Fisher v. ShropshireSupreme Court of the United States · 1893
- Ahrend v. OdiorneMassachusetts Supreme Judicial Court · 1875
- Slide & Spur Gold Mines v. SeymourSupreme Court of the United States · 1894
- Strong v. WaddellSupreme Court of Alabama · 1876
- Clark v. United StatesSupreme Court of the United States · 1880
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