Connolly v. Belt
U.S. Circuit Court for the District of District of Columbia
These causes were heard together, on the bills, answers, general replications, and evidence. Mr. jR. S. Coxe and Mr. Jones, for Thomas J. Belt, contended, that the sale made under Belt’s deed of trust, was void, and ought to be set aside, because, 1. The trustee was not personally present at the sale. 2. That the whole lot was sold, when the sale of a part only would have been sufficient to pay the debt due to Pickerell under the deed of trust. 3. That it was sold for…
Read the full summary
These causes were heard together, on the bills, answers, general replications, and evidence. Mr. jR. S. Coxe and Mr. Jones, for Thomas J. Belt, contended, that the sale made under Belt’s deed of trust, was void, and ought to be set aside, because, 1. The trustee was not personally present at the sale. 2. That the whole lot was sold, when the sale of a part only would have been sufficient to pay the debt due to Pickerell under the deed of trust. 3. That it was sold for $1,620, when the price limited by con-ent of the creditors was $1,800. In support of the 1st objection, Mr. Coxe cited the…
1Opinion of the Court
The case is fully stated in the opinion of the CouRT, which was delivered by
Cranch, C. J.,
(Thruston, J., absent.)
The bill of Owen Connolly states that he purchased lot No. 3, in square No. 403, in Washington, at a sale made by Raphael Semmes under a deed of trust from Thomas J. Belt to the said Raphael Semmes, to secure a debt due to John Pickerell, from whom Belt had purchased the lot. That by the deed of trust, it was the duty of the trustee, in a certain event, “ to sell the premises at public auction, after giving twenty days notice, at such *406time and place, and upon such terms and…
2Cases cited2 opinions
- Heyer v. DeavesNew York Court of Chancery · 1816
- Delabigarre v. BushNew York Supreme Court · 1807
3Cited by2 opinions
- Doyle v. Moultrie Banking Co.Supreme Court of Georgia · 1926
- Smith v. BlackSupreme Court of the United States · 1885