Marden v. Hopkins
Court of Appeals for the D.C. Circuit
Hearing- on appeals from a decree of the Supreme Court of the District of Columbia upholding the validity of certain unrecorded deeds to real estate; declaring certain real estate 1o he personal property under the doctrine of equitable conversion; and construing a will. The Court in the opinion staled the fads as follows: ■ Those are appeals from a decree in the supreme court of the, District in consolidated equity causes.
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Hearing- on appeals from a decree of the Supreme Court of the District of Columbia upholding the validity of certain unrecorded deeds to real estate; declaring certain real estate 1o he personal property under the doctrine of equitable conversion; and construing a will. The Court in the opinion staled the fads as follows: ■ Those are appeals from a decree in the supreme court of the, District in consolidated equity causes. The first of these causes was instituted by Earl P. Hopkins, in his own right and as executor of Edwin K. Harden, against Clara A. Harden, bis widow, as executrix and in…
1Opinion of the CourtJustice Robb
There is no evidence even tending to show that any fraud or imposition was practised upon Mrs. Marden in obtaining her signature to these deeds, or that their possession by Mr. Marden was secured by improper means; and, they having been in the possession of Mr. Marden at the time of his death, the burden was upon her to show that they actually never were delivered to him. Carusi v. Savary, 6 App. D. C. 330; Walker v. Warner, 31 App. D. C. 76. The intent of the parties must be determined by reference to the deed itself where, as here, a deed sufficient to vest a title is delivered, for the law…
2Cases cited1 opinion
- Howland v. BlakeSupreme Court of the United States · 1878
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- William Lewis v. Estate of Robert LewisDistrict of Columbia Court of Appeals · 2018
- William R. Tucker, Marion J. Tucker v. Maurice M. MeredithCourt of Appeals for the D.C. Circuit · 1956