Legal Opinion

Dengel v. Brown

Court of Appeals for the D.C. Circuit

Decided November 8, 1893No. 60PublishedCited by 3 opinions

Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia, holding a law term, for the plaintiff upon an agreed statement of facts, in an action of ejectment. The Case is stated in the opinion. 1. By the will of Sarah Moore, Mary Ann Dengel took a fee simple, and the words of the devise are words of limitation and not of purchase.

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Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia, holding a law term, for the plaintiff upon an agreed statement of facts, in an action of ejectment. The Case is stated in the opinion. 1. By the will of Sarah Moore, Mary Ann Dengel took a fee simple, and the words of the devise are words of limitation and not of purchase. The rule in Shelley’s case aids the easy disposition of, and free commerce in, property; this devise falls within the rule. It is a rule of the law. It is in full force in this District. Miller v. Fleming, 7 Mackey, 148 ;…

1Opinion of the Court

The Chief Justice

delivered the opinion of the Court.

This is an action of ejectment brought against the defendant by the children, answering to the description of heirs at law, of Mary Ann Dengel, deceased, to recover part of lot No. 13, in square 400, in the city of Washington. The case comes before the court on an agreed statement of facts, and *425the only questions for decision are, first, as to the true construction of a deed of Sarah Moore to Joseph F. Hodgson, dated the nth day of March, 1868;1 and, second, as to the true construction of the will of said Sarah Moore, dated the 3d of April,…

2Cases cited7 opinions

  1. Young v. BradleySupreme Court of the United States · 1880
  2. Andrews v. SpurlinIndiana Supreme Court · 1871
  3. Newton v. GriffithCourt of Appeals of Maryland · 1827
  4. McCray v. LippIndiana Supreme Court · 1871
  5. Brown v. . LyonNew York Court of Appeals · 1852

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3Cited by3 opinions

  1. Pyne v. PyneCourt of Appeals for the D.C. Circuit · 1946
  2. Young v. Munsey Trust Co.Court of Appeals for the D.C. Circuit · 1940
  3. AMERICAN SECURITY AND TRUST COMPANY v. CramerDistrict Court, District of Columbia · 1959

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