Griffith v. Stewart
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe complainant from a decree of tbe Supreme Court of tbe District of Columbia vacating a former decree for the complainant and dismissing a bill for specific performance of a contract for tbe sale of land.
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Hearing on an appeal by tbe complainant from a decree of tbe Supreme Court of tbe District of Columbia vacating a former decree for the complainant and dismissing a bill for specific performance of a contract for tbe sale of land. Tbe Court in tbe opinion stated tbe facts as follows: This suit was brought in tbe supreme court of tbe District of Columbia by tbe appellant, Lewis A. Griffith, plaintiff below, as executor of tbe estate of one Alfred W. Ball, against tbe appellee, William W. Stewart, for tbe specific performance of a contract. It appears that in June, 1903, tbe appellee, referred…
1Opinion of the CourtJustice Van Orsdel
The errors assigned by plaintiff are as follows:
“1. That the lower court erred in vacating its decree in favor of appellant (plaintiff below) and making a final decree in favor of appellee.
“2. That the court below erred in holding that the heirs were indispensable parties, and that, for this reason, its decree in favor of complainant was erroneous.”
It will be observed that in the decree appealed from, the court dismissed the bill of plaintiff on the ground alone that the heirs were not made parties, and that the executor had no power to execute a deed for the land in controversy.
The material…
2Cases cited12 opinions
- Massie v. WattsSupreme Court of the United States · 1810
- Marble Co. v. RipleySupreme Court of the United States · 1870
- Doe v. ConsidineSupreme Court of the United States · 1868
- Hart v. SansomSupreme Court of the United States · 1884
- Orton v. SmithSupreme Court of the United States · 1856
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Liberty National Bank of Washington v. SmootDistrict Court, District of Columbia · 1955
- Gustin v. StegallDistrict of Columbia Court of Appeals · 1975
- Kashouty v. DeepCourt of Appeals for the D.C. Circuit · 1942