Hutchins v. Munn
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the complainant, specially allowed, from an order of the Supreme Court of the District of Columbia dissolving a temporary injunction and discharging a rule to show cause why a permanent injunction should not be granted, in a suit in equity to restrain the erection of an addition to a dwelling house on a lot adjoining that of the complainant. ■ The Court in the opinion stated the case as follows: A special appeal has been allowed in this case from an…
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Hearing on an appeal by the complainant, specially allowed, from an order of the Supreme Court of the District of Columbia dissolving a temporary injunction and discharging a rule to show cause why a permanent injunction should not be granted, in a suit in equity to restrain the erection of an addition to a dwelling house on a lot adjoining that of the complainant. ■ The Court in the opinion stated the case as follows: A special appeal has been allowed in this case from an interlocutory order dissolving a restraining order, and discharging a rule to show cause why an injunction should not…
1Opinion of the CourtJustice Shepard
1. The general and rather vague terms in which the alleged' agreement with Windom is stated in the bill indicate what was. practically conceded on the argument, that it was a verbal agreement or understanding only. That being the case, the agreement itself, even had express notice of it been brought home to Mrs.. Munn before her purchase, created no restriction upon the fee-simple title vested in her by the conveyance from Windom. By the overwhelming weight of American authority, an easement of the nature of that claim constitutes an interest in the land, and must be evidenced by writing duly…
2Cases cited4 opinions
- Keats v. HugoMassachusetts Supreme Judicial Court · 1874
- Cherry v. SteinCourt of Appeals of Maryland · 1858
- Dainese v. CookeSupreme Court of the United States · 1875
- Calmelet v. SichlNebraska Supreme Court · 1896
3Cited by1 opinion
- Cappelletti v. AuerbachDistrict Court, District of Columbia · 1949