Law v. Law

15 F. Cas. 15, 3 D.C. 324, 3 Cranch 324
CourtU.S. Circuit Court for the District of District of Columbia
DecidedMay 15, 1828
StatusPublished
Cited by1 cases

This text of 15 F. Cas. 15 (Law v. Law) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Law v. Law, 15 F. Cas. 15, 3 D.C. 324, 3 Cranch 324 (circtddc 1828).

Opinion

CRAnch, C. J.

We are of opinion that the proceeds of the sale of Mr. J. Law’s equitable interest in the lot of land, in the hands of the trustee who made the sale, are equitable, not legal assets, inasmuch as the legal estate never was in him; and therefore it is not like the case of a mortgagor who has an equity of redemption; and who, upon the mortgage-money being paid, is reinvested with the legal estate without any recon-veyance from the mortgagee. It is said that a judgment creditor has a right to redeem the mortgage, and by paying the mortgage-money, the legal estate reverts to the mortgagor, so that the judgment is a legal lien upon the lands, subject to the mortgage, as in the case of Sharpe v. Earl of Scarborough, cited above.

ThRüston, J. absent.

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Related

Scott v. Negro London
7 U.S. 324 (Supreme Court, 1806)

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Bluebook (online)
15 F. Cas. 15, 3 D.C. 324, 3 Cranch 324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/law-v-law-circtddc-1828.