Turner v. Smith
Supreme Court of the United States
Error to the Supreme Court of Virginia; the case being this: Hannon being owner in fee simple and free from lien of a house and lot in Alexandria, granted out of it by an old-fashioned formal ground-rent deed, with clause of right of re-entry, &c., in 1819, a rent charge of $224 to Moore, with right of distress, re-entry, &c.
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Error to the Supreme Court of Virginia; the case being this: Hannon being owner in fee simple and free from lien of a house and lot in Alexandria, granted out of it by an old-fashioned formal ground-rent deed, with clause of right of re-entry, &c., in 1819, a rent charge of $224 to Moore, with right of distress, re-entry, &c. In 1821 Hannon died insolvent, and the rent not being paid, Moore “took possession” of the house again, though in what mode or -whether with any of the requisites of a common law re-entry did not appear. In 1825 being still in possession he conveyed the rent charge,…
1Opinion of the CourtJustice Miller
Two propositions are relied on to defeat the title under the sale for taxes.
1. That the land was sold at the tax sale for less than two-thirds of its assessed value.
2. That the plaintiffs below, in whose favor the judgment was rendered, were the owners of a rent charge on the land, which was not extinguished by the sale for the.unpaid taxes.
1. The first of these propositions is founded on the amendment tp the seventh section of the act of June 7th, 1862, passed February 6th, 1863. The latter act undoubtedly was intended to be a substitute for the seventh section of the former, and to…
2Cited by9 opinions
- Hefner v. Northwestern Life InsuranceSupreme Court of the United States · 1887
- Keely v. SandersSupreme Court of the United States · 1879
- Hussman v. DurhamSupreme Court of the United States · 1897
- Hanson v. BurrisUtah Supreme Court · 1935
- Lucas v. PurdySupreme Court of Iowa · 1909
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