Legal Opinion · Dissent

Bradley v. Davidson

Court of Appeals for the D.C. Circuit

Decided February 4, 1918No. 3048Published

Hearing on an appeal from a decree in the Supreme Court of the District of Columbia, sitting as an equity court, dismissing a bill to set aside an exchange of real estate. The Court in the opinion stated the facts as follows: This appeal is from a decree in the supreme court of the District dismissing a bill to set aside an exchange of real estate.

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Hearing on an appeal from a decree in the Supreme Court of the District of Columbia, sitting as an equity court, dismissing a bill to set aside an exchange of real estate. The Court in the opinion stated the facts as follows: This appeal is from a decree in the supreme court of the District dismissing a bill to set aside an exchange of real estate. The ease stated in tlio bill is substantially as follows: On or about December 9, 1910, Henry .Bradley, since deceased, the husband-of appellant and a resident of Maryland, was tlie owner in fee of lot 28, block 7, Washington Heights, this c*ity,…

1Dissent

■Nr. Chief Justice Smytii

dissenting:

I dissent because I believe the action is barred by the Statute of Limitations, and, if not, equity has lost jurisdiction of the Davidsons. Our Code, says that no action of this character “shall he brought after three years from the time when the right to maintain such action shall have accrued.” Sec. 12G5 | 81 Stat. at L. 1389, chap. 854]. The properties involved were exchanged on December 9, 1910, and the representations complained of became effective on that date. This action was not commenced until April 28, 1915, or more than four years after the…

2Cases cited26 opinions

  1. Wood v. CarpenterSupreme Court of the United States · 1879
  2. Spies v. PeopleIllinois Supreme Court · 1887
  3. Badger v. BadgerSupreme Court of the United States · 1865
  4. Kirby v. Lake Shore & Michigan Southern RailroadSupreme Court of the United States · 1887
  5. People v. . McQuadeNew York Court of Appeals · 1888

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