Whyte v. Spransy
Court of Appeals for the D.C. Circuit
Hearing on an appeal, by the defendants from an interlocutory decree of the Supreme Court of the District of Columbia, appointing a receiver of the rents and profits of certain real estate, pending an action of ejectment, in a suit in¡ equity brought for that purpose. The Court in its opinion stated the case as follows: This is an appeal from an interlocutory decree appointing a receiver for certain improved property pending an action of ejectment for its recovery.
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Hearing on an appeal, by the defendants from an interlocutory decree of the Supreme Court of the District of Columbia, appointing a receiver of the rents and profits of certain real estate, pending an action of ejectment, in a suit in¡ equity brought for that purpose. The Court in its opinion stated the case as follows: This is an appeal from an interlocutory decree appointing a receiver for certain improved property pending an action of ejectment for its recovery. The case made by the bill is this: Eose E. Whyte was on August 25, 1892, the owner of lot 4 in Corcoran’s subdivision of square…
1Opinion of the CourtJustice Shepard
The first assignment of error is that the court erred in entertaining the bill because it contained no description of the property except by reference to exhibits.
The record does not show that this point was raised in the hearing below. It has no merit, however, because the property is particularly described in the trust deed which was attached as an exhibit and by direct reference made a part of the bill.
Strictly speaking, the bill should contain all such material allegations; but the reference was sufficient, certainly, for the purposes of the interlocutory hearing.
The defendants’ answers…
2Cases cited3 opinions
- American Freehold Land Mortgage Co. of London v. TurnerSupreme Court of Alabama · 1891
- Vause v. WoodsMississippi Supreme Court · 1871
- People & Taylor v. Mayor of New YorkNew York Supreme Court · 1858
3Cited by1 opinion
- Nelbach v. NelbachDistrict of Columbia Court of Appeals · 2023