Prout v. Roby
Supreme Court of the United States
Appeal from the Supreme Court of the District of Columbia; in which court John Roby, asserting himself to be grandson and heir-at-law of a certain Jane Mallion, filed, A.D. 1865, a bill against Robert Prout (the now appellant), in order to have an account taken of rents received by him, the said Robert, from a lot on Capitol Hill, Washington, D. C., leased A.D. 1820, on a small ground-rent, by William Prout, ancestor of him, the said Robert, to one Porter “ in trust for the…
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Appeal from the Supreme Court of the District of Columbia; in which court John Roby, asserting himself to be grandson and heir-at-law of a certain Jane Mallion, filed, A.D. 1865, a bill against Robert Prout (the now appellant), in order to have an account taken of rents received by him, the said Robert, from a lot on Capitol Hill, Washington, D. C., leased A.D. 1820, on a small ground-rent, by William Prout, ancestor of him, the said Robert, to one Porter “ in trust for the said Jane Mallion, her heirs and assigns,” with a right on the part of her and them to have, at any time, a conveyance…
1Opinion of the CourtJustice Swayne
stated the facts and delivered the opinion of the court.
On the 14th of April, A.D. 1820, William Prout, the ancestor of the appellant, leased to Jonathan Porter, as trustee for Jane Mallion, the premises described in the bill. The lease was for the term of ninety-nine years, and was renewable for successive terms of that duration forever. Rent amounting to $25.80 was to be paid at the end of each succeeding year, while the lease should subsist. It was stipulated that if the rent should at any time be due and unpaid for the period of sixty days, and there should not be sufficient property upon…
2Cases cited1 opinion
- Smith v. WhitbeckOhio Supreme Court · 1862
3Cited by22 opinions
- United States v. FornessCourt of Appeals for the Second Circuit · 1942
- Henderson v. Carbondale Coal & Coke Co.Supreme Court of the United States · 1891
- American Bonding Co. of Baltimore v. Pueblo Inv. Co.Court of Appeals for the Eighth Circuit · 1906
- Idaho & Oregon Land Improvement Co. v. BradburySupreme Court of the United States · 1889
- L. C. S. Colliery, Inc. v. Globe Coal Co.Supreme Court of Pennsylvania · 1951
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