Bradley v. Davidson
Court of Appeals for the D.C. Circuit
Hearing on an appeal from a decree in the Supreme Court of the District of Columbia, sitting as an equity court, dismissing a bill to set aside an exchange of real estate. The Court in the opinion stated the facts as follows: This appeal is from a decree in the supreme court of the District dismissing a bill to set aside an exchange of real estate.
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Hearing on an appeal from a decree in the Supreme Court of the District of Columbia, sitting as an equity court, dismissing a bill to set aside an exchange of real estate. The Court in the opinion stated the facts as follows: This appeal is from a decree in the supreme court of the District dismissing a bill to set aside an exchange of real estate. The ease stated in tlio bill is substantially as follows: On or about December 9, 1910, Henry .Bradley, since deceased, the husband-of appellant and a resident of Maryland, was tlie owner in fee of lot 28, block 7, Washington Heights, this c*ity,…
1Opinion of the CourtJustice Robb
delivered tlie opinion of tlie Court:
The first question logically to be considered is what effect is to be given the answer of the defendants Davidson & Davidson. Answer under oath having been waived, and the hearing not having been upon bill and answer, the answer is not evidence. Baker v. Cummings, 4 App. D. C. 230, 263; Forrest v. Wardman, 40 App. D. C. 520, 529. See also Conley v. Nailor, 118 U. S. 127, 134, 30 L. ed. 112, 114, 6 Sup. Ct. Rep. 1001; Dravo v. Fabel, 132 U. S. 487, 489, 33 L. ed. 421, 422, 10 Sup. Ct. Rep. 170.
It is insisted, however, that inasmuch as answers to the…
2Cases cited13 opinions
- Kilbourn v. SunderlandSupreme Court of the United States · 1889
- Halstead v. GrinnanSupreme Court of the United States · 1894
- Conley v. NailorSupreme Court of the United States · 1886
- Faust v. HosfordSupreme Court of Iowa · 1903
- Dravo v. FabelSupreme Court of the United States · 1889
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- Bains v. EnsorDistrict of Columbia Court of Appeals · 1944
- Virginia Petroleum Jobbers Association v. Federal Power Commission, Blue Ridge Gas Company, IntervenorCourt of Appeals for the D.C. Circuit · 1961