American Security & Trust Co. v. Muse
Court of Appeals for the D.C. Circuit
Hearing on an appeal from an order of the Supreme Court of the District of Columbia, holding an equity term, requiring the appellant, upon his answer to a rule to show cause, to comply with the terms of a purchase of certain real estate, sold to him under an order of court in a suit depending in said court. Pending the appeal the appellant died and the executor of his estate, the American Security and Trust Co., became party appellant.
Read the full summary
Hearing on an appeal from an order of the Supreme Court of the District of Columbia, holding an equity term, requiring the appellant, upon his answer to a rule to show cause, to comply with the terms of a purchase of certain real estate, sold to him under an order of court in a suit depending in said court. Pending the appeal the appellant died and the executor of his estate, the American Security and Trust Co., became party appellant. The Court in its opinion stated the case as follows: One Lindsay Muse, a colored citizen of the city of Washington, in the District of Columbia, died on June…
1Opinion of the CourtJustice Morris
The question presented by the appeal is, whether the court had jurisdiction to decree the sale which it did decree in the case. It is not claimed that the title is in any way imperfect, except in so far as the court may have been without jurisdiction.
Except for the enforcement of trusts, either express or implied, for the satisfaction of debts, and possibly under exceptional circumstances for the preservation of the property, a court of equity has no power to decree the sale of real estate, unless such power is conferred upon it by statute. There is no general power in equity to order the…
2Cases cited5 opinions
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Hepburn & Dundas v. AuldSupreme Court of the United States · 1809
- Spring v. SandfordNew York Court of Chancery · 1839
- Bumberger v. ClippingerSupreme Court of Pennsylvania · 1843
- Butts v. AndrewsMassachusetts Supreme Judicial Court · 1884
3Cited by1 opinion
- Di Prospero v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1949