Legal Opinion

Kilbourn v. Sunderland

Supreme Court of the United States

Decided April 22, 1889No. 188, 261, 262PublishedCited by 197 opinions

APPEALS FROM THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. The court, in its opinion, stated the cáse as follows : In 1872, Thomas Sunderland, Curtis J. Hillyer and William M. Stewart associated themselves for the purchase and sale of real estate in the city of Washington by way of investment and speculation.

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APPEALS FROM THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. The court, in its opinion, stated the cáse as follows : In 1872, Thomas Sunderland, Curtis J. Hillyer and William M. Stewart associated themselves for the purchase and sale of real estate in the city of Washington by way of investment and speculation. Hallet Kilbourn, James M. Latta and John F. Olmstead were carrying on business at that time in Washington as real estate agents, in partnership, under the firm name of Kilbourn & Latta, and they were employed as their agents by Sunderland. Hillyer and Stewart. Within a period of a few…

1Opinion of the CourtChief Justice Fullee

It is argued on behalf of Kilbourn, Latta and Olmstead that Stewart was an indispensable party to the cause, and that the bill should have been dismissed because he was not made suVh. Title to the real estate purchased by Sunderland, Hillyer ahd. Stewart was placed in Latta in trust as matter of convenience, and it appears that in December, 1872, Stewart sold all his interest to- Sunderland, evidencing the transaction by a memo-,randüm in writing, in form of a bill of sale, which is not produced, but the fact is admitted by stipulation, and that he subsequently executed a more formal…

2Cited by197 opinions

  1. Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
  2. Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
  3. Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
  4. Detroit v. Detroit Citizens' Street Railway Co.Supreme Court of the United States · 1902
  5. Duignan v. United StatesSupreme Court of the United States · 1927

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