Legal Opinion

Collins v. McBlair

District of Columbia Court of Appeals

Decided April 2, 1907No. 1709PublishedCited by 1 opinion

Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia dismissing a judgment creditors’ bill.

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Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia dismissing a judgment creditors’ bill. The Court in the opinion stated the facts as follows: This is an appeal from a decree dismissing a creditors’ bill filed by the appellant, Agnes B. Collins, executrix of Joseph B. Collins, [against Charles Bidgeley McBlair, Florence M. McBlair, Watson J. Newton, trustee, and E. Southard Parker, trustee] to subject to sale the interest of Charles Bidgeley McBlair in certain lands, in satisfaction of two judgments. Newton and Parker are trustees in a deed…

1Opinion of the CourtChief Justice Shepard

The statute of limitations of James I. did not apply to judgment, and nc prevision was made for their extinction in M aryland until the act of assembly of the year 1715, chap. 23, sec. 6. That act, under which the proceedings to keep alive the judgments in controversy were had, provided, among other things, that no judgment shall be good and pleadable, or admitted in evidence against any person “after the debt or thing in action above twelve years’ standing.” That these judgments were *358revived by the fiat rendered on the scire facias June 11, 1887, and were alive on May 13, 1899, when the last…

2Cases cited3 opinions

  1. Wetmore v. KarrickSupreme Court of the United States · 1907
  2. Weaver v. BoggsCourt of Appeals of Maryland · 1873
  3. Vanderheyden v. GardenierNew York Supreme Court · 1812

3Cited by1 opinion

  1. Charles E. Michael v. Fred SmithCourt of Appeals for the D.C. Circuit · 1955

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