Legal Opinion

Cochran v. Blout

Supreme Court of the United States

Decided March 2, 1896No. 116PublishedCited by 13 opinions

APPEAL FROM THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. On July 21,1890, George W. Cochran filed, in the Supreme Court of the District of Columbia, a bill of complaint against Isaac L. Blout, trustee, James P. Eyon, and Julius Lansburgh, whereby he sought a decree, in the nature of a decree for specific performance, to compel Lansburgh to convey to him an undivided one third equitable interest owned by Lansburgh in a certain square or tract of land in the city of…

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APPEAL FROM THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. On July 21,1890, George W. Cochran filed, in the Supreme Court of the District of Columbia, a bill of complaint against Isaac L. Blout, trustee, James P. Eyon, and Julius Lansburgh, whereby he sought a decree, in the nature of a decree for specific performance, to compel Lansburgh to convey to him an undivided one third equitable interest owned by Lansburgh in a certain square or tract of land in the city of Washington, and Blout and Eyon to join in said conveyance as holders of the legal title. The facts out of which the controversy…

1Opinion of the CourtJustice Shiras

In order to be able to enforce specific performance by Lansburgh, as prayed for in his amended bill of complaint, Cochran must show that, at the time he made the agreement with Dyer, Lansburgh either held himself out as the owner of the entire square, or as having authority from his coowners to sell the whole of it.

It is a conceded fact that Lansburgh was the owner of but one third interest in the land concerned, and it is clear that, on September 26, 1889, Dyer was aware that there were other owners. This appears from the fact that prior to that date Dyer reported to Lansburgh that one…

2Cited by13 opinions

  1. Ward v. WalkerCourt of Appeals of Texas · 1913
  2. Wright v. BrooksMontana Supreme Court · 1913
  3. Melin v. WoolleySupreme Court of Minnesota · 1908
  4. Naylor v. SteneSupreme Court of Minnesota · 1905
  5. Naylor v. ParkerCourt of Appeals of Texas · 1911

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