Legal Opinion

Mason v. Fearson

Supreme Court of the United States

Decided April 23, 1850PublishedCited by 56 opinions

This was an action of ejectment brought by John Mason, in his lifetime, to recover possession • of some lots in- the city of Washington held under a tax title. The case was brought up, by writ of error, from the Circuit Court of the United States for the County of Washington and District of Columbia, In the trial of the cause in the Circuit Court, the following statement of tacts was agreed upon, subject to the opinion of the court upon it. Statement.

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This was an action of ejectment brought by John Mason, in his lifetime, to recover possession • of some lots in- the city of Washington held under a tax title. The case was brought up, by writ of error, from the Circuit Court of the United States for the County of Washington and District of Columbia, In the trial of the cause in the Circuit Court, the following statement of tacts was agreed upon, subject to the opinion of the court upon it. Statement. “ The plaintiff, to support the issue on his part, made out a' title in one Benjamin Stoddert, in all the lots in the declaration mentioned,…

1Opinion of the CourtJustice Woodbury

Several 'reasons have been assigned for the reversal of the judgment in this case; but as we think one of them is well 'founded, it is not necessary to examine the others. That one is the sale of each of the twenty lots, assessed to the Washington Tontine Company, instead of selling the first two lots only, they having been bid off for more than enough to pay the taxes on the whole. The sale of all of them was, therefore, unnecessary to insure the collection of all the taxes; and as they brought but little beyond one fourth of their appraised value, the sale of all was not only unnecessary,…

2Cases cited5 opinions

  1. Thatcher v. PowellSupreme Court of the United States · 1821
  2. Williams v. Peyton's LesseeSupreme Court of the United States · 1819
  3. Ronkendorff v. Taylor's LesseeSupreme Court of the United States · 1830
  4. President, Directors, & Co. of Newburgh & Cochecton Turnpike Road v. MillerNew York Court of Chancery · 1821
  5. Stead's Executors v. CourseSupreme Court of the United States · 1808

3Cited by56 opinions

  1. United States v. RodgersSupreme Court of the United States · 1983
  2. Mister Ralpho v. J. Raymond Bell, Chairman, Foreign Claims Settlement Commission of the United StatesCourt of Appeals for the D.C. Circuit · 1977
  3. Bose Corporation v. Consumers Union of United States, Inc.Court of Appeals for the First Circuit · 1982
  4. Anglers Conservation Network v. Penny PritzkerCourt of Appeals for the D.C. Circuit · 2016
  5. United States Ex Rel. Siegel v. ThomanSupreme Court of the United States · 1895

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