Davenport v. Lamb
Supreme Court of the United States
Appeal from the Circuit Court for the District of Oregon. Emma Lamb and Ida Squires, asserting themselves as granddaughters of one Daniel Lownsdale, to own each an undivided one-tenth of “ the south half of Block G ” in Portland, Oregon, filed a bill against their co-heirs and persons claiming under them for a partition; one Davenport, who set up a title adverse to them all, being made a party defendant, and the real matter in issue being the validity of the title set up by…
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Appeal from the Circuit Court for the District of Oregon. Emma Lamb and Ida Squires, asserting themselves as granddaughters of one Daniel Lownsdale, to own each an undivided one-tenth of “ the south half of Block G ” in Portland, Oregon, filed a bill against their co-heirs and persons claiming under them for a partition; one Davenport, who set up a title adverse to them all, being made a party defendant, and the real matter in issue being the validity of the title set up by him. The case was thus: On the 25th of June, 1850, Daniel Lownsdale, Stephen Coffin, and W. W. Chapman, were the owners…
1Opinion of the CourtJustice Field
Neither of the patentees were living at the time the patent for the donation claim in this case was issued, Lownsdale having died in May, 1862, and Nancy having died in April, 1854. At common law the patent would have been inoperative and void from this circumstance. * By that law the grant to a deceased party is as ineffectual to pass the title of the grantor as if made to a fictitious person ; and the rule would apply equally to grants of the government as to grants of individuals, but for the act of Congress of May 20th, 1836, † which obviates this result. That act declares: “ that in all…
2Cases cited1 opinion
- William T. Galt and Others v. James Galloway, Jun. And OthersSupreme Court of the United States · 1830
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