Stephen v. Beall
Supreme Court of the United States
Appeal from the Supreme Court of the District of Columbia; the case being thus:' In the year 1849, by deed of bargain and sale, all in technical form, one Colburn conveyed to Mrs. Mary Bell and to her three children, John, Sarah, and Maria, by name, a piece of ground described, in the District of Columbia, with the appurtenances; the grant being “unto the said Mary, John, Sarah, and Maria, their heirs and assigns forever; to have and to hold the said described land and…
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Appeal from the Supreme Court of the District of Columbia; the case being thus:' In the year 1849, by deed of bargain and sale, all in technical form, one Colburn conveyed to Mrs. Mary Bell and to her three children, John, Sarah, and Maria, by name, a piece of ground described, in the District of Columbia, with the appurtenances; the grant being “unto the said Mary, John, Sarah, and Maria, their heirs and assigns forever; to have and to hold the said described land and premises with the appurtenances unto them the said Mary (the mother), Johu, Sarah, and Maria, their heirs and assigns…
1Opinion of the CourtJustice Hunt
The counsel for the appellee sustains the decree below dismissing the bill upon three grounds: 1st. Because the complainant failed to join the necessary parties defendant. 2d. Because a wife could not, at the date of the deed in question from Mrs. Beall, incumber her estate for the benefit of her husband. 3d. Because the complainant acted in bad faith.
We will consider the different grounds in their order,
1. As to the necessity of further parties defendant.
Mrs. Beall was the owner of one-fourth of the property referred to, and no more. This one-fourth she could convey, and no more. Whether the…
2Cases cited3 opinions
- Bailey v. IngleeNew York Court of Chancery · 1830
- Slade v. Van VechtenNew York Court of Chancery · 1844
- Steffey v. Steffey ex rel. SteffeyCourt of Appeals of Maryland · 1862
3Cited by19 opinions
- Seeley v. CornellCourt of Appeals for the Fifth Circuit · 1934
- Farnsworth v. HubbardArizona Supreme Court · 1954
- Smithfield West Bench Irr. Co. v. Union Central Life Ins.Utah Supreme Court · 1943
- Jones v. EnglishCourt of Appeals of Texas · 1950
- Vantilburg v. BlackMontana Supreme Court · 1880
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