Legal Opinion

Litle v. Ott's Heirs

U.S. Circuit Court for the District of District of Columbia

Decided December 15, 1828Published

Bill of inteRpleader, by John Litle against John Ott’s heirs and the heirs of P. B. Key, both of whom claimed the ground-rent from the plaintiff, who was the tenant in possession, under a lease from the administratrix of John'Ott.

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Bill of inteRpleader, by John Litle against John Ott’s heirs and the heirs of P. B. Key, both of whom claimed the ground-rent from the plaintiff, who was the tenant in possession, under a lease from the administratrix of John'Ott. John Ott’s title was under the marshal’s sale in June, 1804, upon a fi. fa. against George Magruder, whose title was by a deed of bargain and sale to him from William Bailey, on the 1st of June, 1798, purporting, in consideration of ¿£3,000, to convey “ one house and lot in Georgetown, at the corner of High and Falls Street, the half square opposite to where Colonel…

1Opinion of the Court

CRanch, C. J.,

after stating fully the facts of the case, and the argument to show that the ground-rents sold by Mr. Bailey to Mr. Key included the ground rent of the lot sold to George Magruder, delivered the opinion of the Court.

Mr. Bailey’s deed to George Magruder passed only the legal estate in the term for years which Mr. Bailey possessed. It could not, contrary to his will, transfer any equitable right which he possessed ; so that Mr. Magruder, in consequence of that deed, acquired no right to call upon Mr. Key to convey to him the reversion in fee, even if he had received notice of that…

2Cases cited1 opinion

  1. Philips v. ClarksonSupreme Court of Pennsylvania · 1800

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