Legal Opinion

Sexton v. Wheaton

Supreme Court of the United States

Decided February 13, 1823PublishedCited by 166 opinions

Appeal from the Circuit Court for the District of Columbia, and county of Washington. This was a bill brought by the appellant, Sexton, in the court below, to subject a house and lot in the city of Washington, the legal title to which was in the defendant, Sally Wheaton, to the payment of a debt for which the plaintiff had obtained a judgment against her husband, Joseph Wheaton, the other defendant.

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Appeal from the Circuit Court for the District of Columbia, and county of Washington. This was a bill brought by the appellant, Sexton, in the court below, to subject a house and lot in the city of Washington, the legal title to which was in the defendant, Sally Wheaton, to the payment of a debt for which the plaintiff had obtained a judgment against her husband, Joseph Wheaton, the other defendant. The lot was conveyed by John P. Van Ness, and Maria, his wife, and Clotworthy Stepenson, to the defendant, Sally Whea-ton, by deed, bearing date the 21st day of March 1807, for a valuable…

1Opinion of the Court

Marshall, Ch. J.,

delivered the opinion of the court, and, after stating the case, proceeded as follows : — The allegation, that the house in question was purchased with a view to engaging in mercantile speculations, and conveyed to the wife for the purpose of protecting it from the debts which might be contracted in trade, being positively denied, and neither proved by testimony, nor circumstances, may be put out of the case.

The allegation, that the defendant, Sally, aided in practising a fraud on the plaintiff, or in creating or giving countenance to the opinion, that the defendant, Joseph,…

2Cases cited1 opinion

  1. Reade v. LivingstonNew York Court of Chancery · 1818

3Cited by166 opinions

  1. Sioux City Terminal Railroad & Warehouse Co. v. Trust Co. of North AmericaCourt of Appeals for the Eighth Circuit · 1897
  2. Jones v. CliftonSupreme Court of the United States · 1880
  3. Horn v. Volcano Water Co.California Supreme Court · 1859
  4. Rose & Co. v. BrownWest Virginia Supreme Court · 1877
  5. Lockhard v. BeckleyWest Virginia Supreme Court · 1877

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