Dulany v. Morse
Court of Appeals for the D.C. Circuit
Hearing on appeal by tbe plaintiff from a decree of the-Supreme Court of tbe District of Columbia, bolding an Equity-Court, dismissing a bill filed to set aside a deed. Tbe Court in tbe opinion stated tbe facts as follows: Appellant, H. Eozier Dulany, as trustee in bankruptcy of" Tbomas E. Waggaman, filed a bill in equity in tbe supreme court of tbe District of. Columbia to set aside a deed dated July-19, 1898, executed by Waggaman and wife to one Daniel B...
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Hearing on appeal by tbe plaintiff from a decree of the-Supreme Court of tbe District of Columbia, bolding an Equity-Court, dismissing a bill filed to set aside a deed. Tbe Court in tbe opinion stated tbe facts as follows: Appellant, H. Eozier Dulany, as trustee in bankruptcy of" Tbomas E. Waggaman, filed a bill in equity in tbe supreme court of tbe District of. Columbia to set aside a deed dated July-19, 1898, executed by Waggaman and wife to one Daniel B... Clarke, conveying certain real estate in tbis District. It appears that at tbe time of tbe execution of tbe deed, which-is absolute on…
1Opinion of the CourtJustice Van Obsdel
In equity it is within the power of the court to inquire, either by oral or written evidence, into the intent of the parties in making and delivering a deed. In this instance the deed was open to collateral attack to ascertain whether or not it was in*526tended to operate as a mortgage to secure the payment of the note. Hughes v. Edwards, 9 Wheat. 489, 6 L. ed. 142; Peugh v. Davis, 96 U. S. 332, 24 L. ed. 775. The circumstances under which the deed was executed and held by Clarke, together with the collateral agreement, reduced the deed to the legal status of a mortgage, and, as such, merely a…
2Cases cited16 opinions
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Thompson v. FairbanksSupreme Court of the United States · 1905
- Peugh v. DavisSupreme Court of the United States · 1878
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Security Warehousing Co. v. HandSupreme Court of the United States · 1907
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3Cited by1 opinion
- Slinski v. Bank of America, N.A.District Court, District of Columbia · 2013