Van Ness v. Hyatt
U.S. Circuit Court for the District of District of Columbia
Bill in equity to redeem a mortgage of a leasehold estate; the complainant claiming as purchaser of the equity of redemption sold under a fieri facias against Shields, the mortgagor, upon a judgment for $30.25, recovered before a justice of the peace. The cause was set for hearing'on the bill, answers, general replication, and exhibits.
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Bill in equity to redeem a mortgage of a leasehold estate; the complainant claiming as purchaser of the equity of redemption sold under a fieri facias against Shields, the mortgagor, upon a judgment for $30.25, recovered before a justice of the peace. The cause was set for hearing'on the bill, answers, general replication, and exhibits. The material facts appear to be as follows: On the 31st of December, 1818, William Cocking, being seized in fee of part of lot 12, in square 406, in the city of Washington, by indenture of that date, leased the same to the defendant, James Shields, for ten…
1Opinion of the CourtCranch, C. J.
The first question which presents itself, is,
1. Did any and what legal estate pass from Cocking to Shields, by the lease of December 31, 1818, purporting to be a lease for ten years, but not recorded.
By the Maryland Act of 1766, c. 14, § 2, it is enacted, that “no estate of inheritance or freehold, or any declaration or limitation of use, or any estate for above seven years, shall pass, or take effect, except the deed or conveyance, by which the same shall be intended to pass or take effect, shall be acknowledged,” &c., “ and be also enrolled in the records of the same county,” &c., “within…
2Cases cited2 opinions
- M'Dermutt v. StrongNew York Court of Chancery · 1820
- Van Ness v. HyattSupreme Court of the United States · 1839
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- Bush v. Orleans Parish School BoardDistrict Court, E.D. Louisiana · 1960
- Heirs of Holman v. Bank of NorfolkSupreme Court of Alabama · 1847
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