Legal Opinion

Hastings v. Granberry

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

Decided May 15, 1828PublishedCited by 1 opinion

This was a bill in chancery, filed May 19,1825, by the widow and adult heirs of John Granberry, against his infant heirs; stating that John Granberry, of Norfolk, died seized of lots 2, 3, 4, and 5, in square 249, in the City of Washington, and praying that the lots may be divided among the complainants, if divisible without loss, &c., and, if not so divisible, that they may be sold, and the proceeds divided among the complainants, &e., and that a commission may issue “ to…

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This was a bill in chancery, filed May 19,1825, by the widow and adult heirs of John Granberry, against his infant heirs; stating that John Granberry, of Norfolk, died seized of lots 2, 3, 4, and 5, in square 249, in the City of Washington, and praying that the lots may be divided among the complainants, if divisible without loss, &c., and, if not so divisible, that they may be sold, and the proceeds divided among the complainants, &e., and that a commission may issue “ to five discreet, sensible men,” to inquire whether the estate may be divided without loss, &c., to ascertain the value, and…

1Opinion of the Court

CRanch, C. J.,

after stating the case as above, delivered the following opinion: —

The Court is now moved to ratify the sale; and, as non-resident infants are concerned, it is proper that the Court should be well ascertained of its authority to sell their interest in the land, so that they may not be unjustly deprived of their estate, and that the purchasers under the decree of this Court, or under the authority of the commissioners, may be safe.

The first question is, whether, under the eighth section of the Act of Descents of Maryland, (1786, c, 45, § 8,) a sale can be *321made of the interest of…

2Cited by1 opinion

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