Legal Opinion

Bryan v. Sanderson

District of Columbia Court of Appeals

Decided July 1, 1881No. 5152PublishedCited by 4 opinions

STATEMENT 0E THE CASE. This is a judgment creditor’s bill, filed in aid of judgment against the defendant Sauderson, and to subject certain equities of said Sanderson to the satisfaction thereof. The supposed equitable interests arose out of two chattel deeds of trust executed by said Sanderson on the furniture in the Congressional Hotel, of which he was tenant.

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STATEMENT 0E THE CASE. This is a judgment creditor’s bill, filed in aid of judgment against the defendant Sauderson, and to subject certain equities of said Sanderson to the satisfaction thereof. The supposed equitable interests arose out of two chattel deeds of trust executed by said Sanderson on the furniture in the Congressional Hotel, of which he was tenant. One of these trusts was dated 10th of March, 1875, to secure the sum of $7,481.54, and tbe other dated March 15,1876, to secure the sum of $1,802.25, both payable to the order, of Tobias & Co., and which deeds were duly recorded.…

1Opinion of the CourtJustice MacArthur

The question discussed so earnestly in this case is, whether a landlord who has been made a defendant to a creditor’s bill in a court of chancery, and who has answered such bill asserting his lien and requesting payment of the amount of rent due, can thereby acquire a precedence over deeds of trust executed by the tenant upon his goods and chattels situated on the premises, without having taken any steps prescribed by the statute for enforcing his tacit lien. On this proposition we have come to the same conclusion as that reached by the special auditor. His views upon this branch of the case…

2Cases cited4 opinions

  1. Morgan v. CampbellSupreme Court of the United States · 1875
  2. Denham v. HarrisSupreme Court of Alabama · 1848
  3. Trappan v. MorieNew York Supreme Court · 1820
  4. Wright v. HowellSupreme Court of Iowa · 1867

3Cited by4 opinions

  1. Elmira Corporation v. BulmanDistrict of Columbia Court of Appeals · 1957
  2. Munday v. Bricklayers, Masons & Plasterers International UnionDistrict of Columbia Court of Appeals · 1946
  3. United States v. Harry Saidman, Trustee, Lobel Enterprises, Inc.Court of Appeals for the D.C. Circuit · 1956
  4. United States v. Harry Saidman, Trustee, Lobel Enterprises, Inc.Court of Appeals for the D.C. Circuit · 1956

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