Hamilton v. Rathbone
Supreme Court of the United States
ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. This was an action of ejectment brought in the Supreme Court of the District of Columbia by Grace Abbie B. Eathbone as plaintiff, against Frances Eebecca Hamilton, defendant, to recover an undivided one third interest in a parcel of- land of which the defendant Hamilton was then in possession.
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ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. This was an action of ejectment brought in the Supreme Court of the District of Columbia by Grace Abbie B. Eathbone as plaintiff, against Frances Eebecca Hamilton, defendant, to recover an undivided one third interest in a parcel of- land of which the defendant Hamilton was then in possession. The common source of title was one Abram Elkin, who received his deed on July 31, 1867. He was married to Lucy Y. Elkin, April 15, 1863. The plaintiff’s chain of title was as follows: Deed from Abram Elkin and wife to Fred. G. Calvert, April 29,…
1Opinion of the CourtJustice Brown
Plaintiff brings ejectment as one of the heirs at law, namely, the eldest of three children, of her mother Lucy V. Elkin, who died May 3, 1876. Defendant relies upon a purchase made by her from the executor of Mrs. Elkin’s will. To establish her title, then,' plaintiff is bound to show that the property did not pass under the will of her mother, but descended to her heirs at law. The question whether it did so pass depends upon the construction given to certain acts of Congress then in force, relative to estates of married women.
By the act of April 10, 1869, c¿ 23, 16 Stat. 45, it was enacted:
2Cases cited15 opinions
- Lake County v. RollinsSupreme Court of the United States · 1889
- United States v. FreemanSupreme Court of the United States · 1845
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