Legal Opinion

Biggs v. Campbell

Court of Appeals for the D.C. Circuit

Decided April 2, 1917No. Nos. 3004 and 3005PublishedCited by 3 opinions

Hearing on appeals by the defendants from decrees of the Supreme Court of the District of Columbia overruling motions to dismiss and, the defendants electing not to plead over, dismissing bills in equity to subject equitable interests in land, and shares of corporate stock, to the satisfaction of decrees for the payment of money. The Court in the opinion stated the facts as follows: Tiloso are appeals from decrees of the supremo court of the District.

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Hearing on appeals by the defendants from decrees of the Supreme Court of the District of Columbia overruling motions to dismiss and, the defendants electing not to plead over, dismissing bills in equity to subject equitable interests in land, and shares of corporate stock, to the satisfaction of decrees for the payment of money. The Court in the opinion stated the facts as follows: Tiloso are appeals from decrees of the supremo court of the District. The bills allege that Charles .¡VI. Campbell, on March 19, 1915, recovered two unconditional final decrees in equity in rhat court for certain…

1Opinion of the CourtJustice Robb

Prior to the enactment of the Code, judgments at law were not liens upon the interest of judgment debtors who previously had .conveyed land to a trustee in trust for the payment of a debt secured thereby. Such “judgment in nowise affected the trust premises until the bill was filed. That created a lien in favor of the judgment' creditors. There was none before.” Morsell v. First Nat. Bank, 91 U. S. 357, 23 L. ed. 436. As a general rule, therefore, when the object of the bill was to obtain satisfaction of a judgment by the sale of an equitable estate, it was necessary to allege that execution…

2Cases cited3 opinions

  1. Freedman's Savings & Trust Co. v. EarleSupreme Court of the United States · 1884
  2. Lessee of Smith v. McCannSupreme Court of the United States · 1861
  3. Morsell v. First National BankSupreme Court of the United States · 1876

3Cited by3 opinions

  1. Wynne v. Boone Boone v. BooneCourt of Appeals for the D.C. Circuit · 1951
  2. Reilly v. SabinCourt of Appeals for the D.C. Circuit · 1935
  3. Wynne v. Boone Boone v. BooneCourt of Appeals for the D.C. Circuit · 1951

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