Legal Opinion

Smith v. Black

Supreme Court of the United States

Decided November 16, 1885PublishedCited by 25 opinions

APPEAL FROM THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. On the 23d of May, 1872,' John Stearns, being tbe owner of certain land in the City of Washington, in the District of Columbia, on 20th Street, New Hampshire Avenue, and P Street Circle, or Dupont-Circle, containing in all 19,886 square feet, executed, with his wife, a deed of trust, covering the land, as security for the payment of a promissory note for $5,500, made by Stearns, dated May 23, 1872, payable in five…

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APPEAL FROM THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. On the 23d of May, 1872,' John Stearns, being tbe owner of certain land in the City of Washington, in the District of Columbia, on 20th Street, New Hampshire Avenue, and P Street Circle, or Dupont-Circle, containing in all 19,886 square feet, executed, with his wife, a deed of trust, covering the land, as security for the payment of a promissory note for $5,500, made by Stearns, dated May 23, 1872, payable in five years, with interest at the rate of 6 per cent. per . annum, payable semiannually, to the order of Walter Linlcins, the…

1Opinion of the CourtJustice Blatchford

After stating the facts in the language reported above, he continued :

The decision of the special term on the merits, made by Mr. Justice Cox (MacArthur & Mackey, 338), went on the ground that Latta alone attended and conducted the sale, and Fuller was absent and took no part in it; and that Fuller did not ratify, the sale by signing the deed, because he signed it without any consultation with Latta, and without any information as to the state of affairs at the sale, or any other information than that furnished by the recitals in the deed, which was presented to him by Smith and executed at…

2Cases cited2 opinions

  1. Richards v. HolmesSupreme Court of the United States · 1856
  2. Heyer v. DeavesNew York Court of Chancery · 1816

3Cited by25 opinions

  1. Jackson v. SmithSupreme Court of the United States · 1919
  2. Pewabic Mining Co. v. MasonSupreme Court of the United States · 1892
  3. Morrison v. BurnetteCourt of Appeals for the Eighth Circuit · 1907
  4. National Life Insurance Company, a Corporation v. Jerome Silverman, Carroll Arms Associates, a District of Columbia Limited Partnership v. National Life Insurance Company, a Vermont Corporation, A/K/A National Life of VermontCourt of Appeals for the D.C. Circuit · 1971
  5. Foster v. KnutsonWashington Supreme Court · 1974

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