Sis v. Boarman
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the complainant from a decree dismissing a bill of complaint in a suit for the foreclosure of a deed of trust and for partition.
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Hearing on an appeal by the complainant from a decree dismissing a bill of complaint in a suit for the foreclosure of a deed of trust and for partition. The Court in its opinion stated the case as follows: On December 29, 1875, John H. Boarman, one of the appellees, being indebted to the appellant, John H. Sis, in the sum of $158.88, executed and delivered to him his bond, or instrument of writing under seal, whereby he acknowledged the said indebtedness and obligated himself, his executors, administrators and assigns, to pay the same, with interest, in one year thereafter. At the same time,…
1Opinion of the CourtJustice Morris
1. It is well settled law that, wherever they are applicable, statutes of limitations are of equal binding force in equity as at common law. Elmendorf v. Taylor, 10 Wheat. 152; Lewis v. Marshall, 5 Pet. 470; Bank of United States v. Daniel, 12 Pet. 32; Miller v. McIntyre, 6 Pet. 61; Moore v. Greene, 19 How. 69; Godden v. Kimmell, 99 U. S. 201; Ware v. Galveston Co., 111 U. S. 170; Meath v. Phillips Co., 108 U. S. 553; Norris v. Haggin, 136 U. S. 386; Willard v. Wood, 1 App. D. C. 44. It is equally well settled that the enforcement in equity of mortgages of real estate, and of deeds of trust…
2Cases cited16 opinions
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Galliher v. CadwellSupreme Court of the United States · 1892
- Godden v. KimmellSupreme Court of the United States · 1879
- Metropolitan Bank v. St. Louis Dispatch Co.Supreme Court of the United States · 1893
- Bank of the United States v. DANIELSupreme Court of the United States · 1838
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3Cited by8 opinions
- Edward Saffron v. Department of the NavyCourt of Appeals for the D.C. Circuit · 1977
- Davis v. StoneDistrict Court, District of Columbia · 1964
- Duell v. DuellDistrict Court, District of Columbia · 1951
- Archie v. U.S. Bank, N.A., As Trustee for the RMAC Trust, Series 2016-CTTDistrict of Columbia Court of Appeals · 2021
- Edward Saffron v. Department of the NavyCourt of Appeals for the D.C. Circuit · 1977
3 more not listed; retrieve them via the Exa API.