Leighton v. MacDaniel
Court of Appeals for the D.C. Circuit
Hearing on an appeal by certain defendants in a suit for tbe foreclosure of a deed of trust, from a decree of tbe Supreme Court of the District of Columbia, sitting as an equity court, denying them the right to have part of the land covered by the deed of trust released from the operation thereof.
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Hearing on an appeal by certain defendants in a suit for tbe foreclosure of a deed of trust, from a decree of tbe Supreme Court of the District of Columbia, sitting as an equity court, denying them the right to have part of the land covered by the deed of trust released from the operation thereof. The Court in the opinion stated the facts as follows: This is an appeal from a decree of the supreme court of the District, denying the right to appellants, Benjamin E. Leighton and Irwin B. Linton, trustees, to have released any part of the land embraced in the deed of trust, the foreclosure of…
1Opinion of the CourtJustice Bobb
The makers of these notes were under a legal obligation to pay them at maturity. Wishing to reserve the privilege of making partial payments, they caused the provision in respect to such payments to be inserted in the deed of trust. The agreement as to the effect of partial payments immediately follows a provision that they may be made, and is, we think, to be read with it. The provision for partial payments, in terms, limits *484the right to make them to “any time before maturity” of any of said notes, and we think the provision, “whenever any part of the principal of said notes shall be paid,”…
2Cases cited4 opinions
- Reed v. JonesMassachusetts Supreme Judicial Court · 1882
- Prout v. RobySupreme Court of the United States · 1872
- Commercial Bank v. HillerMichigan Supreme Court · 1895
- Werner v. TuchNew York Supreme Court · 1889
3Cited by1 opinion
- Cochran v. TeasleySupreme Court of Georgia · 1977