Tolmie's Lessee v. Thompson
U.S. Circuit Court for the District of District of Columbia
Ejectment by the lessees of the heirs of Robert Tolmie, against the defendant, James Thompson, tenant in possession, claiming in right of his wife, who purchased the property (lot 14, in square 290, in Washington,) at a sale made in 1814, by commissioners under the Maryland Act of Descents, 1786, c. 45, § 8 ; and the case turned upon the validity of that sale.
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Ejectment by the lessees of the heirs of Robert Tolmie, against the defendant, James Thompson, tenant in possession, claiming in right of his wife, who purchased the property (lot 14, in square 290, in Washington,) at a sale made in 1814, by commissioners under the Maryland Act of Descents, 1786, c. 45, § 8 ; and the case turned upon the validity of that sale. By that act it is enacted, “ That in case the parties entitled to the intestate’s estate cannot agree upon the division thereof, or in case any person entitled to any part be a minor, an application may be made to the court of the…
1Opinion of the CourtCranch, C. J.
con.) as follows: —
The title set up under these proceedings is said to be void.
1st. Because none of the heirs was of full age at the time of the sale.
2d. Because the sale was never ratified by the Court.
3d. Because bonds for the purchase-money were not taken payable to each representative respectively according to his pro-portionable part of the net amount of sales; and
4th. Because the deed does not recite the commission and all the proceedings thereon necessary to show a good title.
1. Upon the first point, the fact is admitted by the state of the case, or necessarily inferred from the facts…
2Cases cited8 opinions
- Thatcher v. PowellSupreme Court of the United States · 1821
- Thompson v. TolmieSupreme Court of the United States · 1829
- Borden v. FitchNew York Supreme Court · 1818
- Bissell v. BriggsMassachusetts Supreme Judicial Court · 1813
- Williams v. Peyton's LesseeSupreme Court of the United States · 1819
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Jackson v. RobinsNew York Supreme Court · 1819
- Le Breton v. CookCalifornia Supreme Court · 1895
- Rosenberg v. FrankCalifornia Supreme Court · 1881
- Clay v. ChenaultCourt of Appeals of Kentucky · 1900
- Johnson v. Georgia Loan & Trust Co.Court of Appeals for the Fifth Circuit · 1905
5 more not listed; retrieve them via the Exa API.