5 D.C. 294 (C.C.D.C. 1837), 938, Bank of United States v. Van Ness

• Docket Nº: 938[1]
• Citation: 5 D.C. 294, 2 F.Cas. 737
• Party Name: BANK OF THE UNITED STATES v. VAN NESS et al.
• Attorney: Mr. Redin, contra,
• Judge Panel: CRANCH, Chief Judge

Page 294

5 D.C. 294 (C.C.D.C. 1837)

2 F.Cas. 737

BANK OF THE UNITED STATES

v.

VAN NESS et al.

No. 938 ^[1]

Circuit Court, District of Columbia.

March 1837. ^[2]

At law. Ejectment [by the lessee of the Bank of the United States against John P. Van Ness and William Jones] for lots 6 and 7 in the square 226 in the city of Washington.

Upon the trial the plaintiffs offered in evidence an exemplification of the record of the proceedings and decree of the chancellor of Maryland in a suit by Isaac Polock v. Marcia Burns, the infant heir at law of David Burns, deceased, for the specific execution of a contract entered into, in writing, in the lifetime of the said David Burns, for the sale of sundry house lots in the city of Washington to the said Isaac Polock; in which suit, which was commenced on the 17th of May, 1800, the chancellor, on the 1st of November, 1800, decreed that upon the complainant's securing to the satisfaction of the chancellor the sum of £ 10,471 18s. 1d., to be paid on the 17th of April, 1804, with interest annually, the defendant, by W. M. D., her guardian, should convey to the complainant, Isaac Polock, in fee, certain lots in Washington, particularly described in the decree, and including the lots now in controversy.

On the 15th of May, 1801, the complainant, Polock, filed a petition for a commission to certain persons to value certain lands, which he offered to mortgage as security for the purchase-money; which commission was issued on the 26th of May, 1801, and returned on the 21st of October, 1801. On the 26th of October, 1801, the chancellor, being satisfied of the sufficiency of the security offered, decreed, with consent of all the parties, that, upon the complainant's executing the mortgages, and paying up the interest, ‘ the defendant, Marcia Burns, by William Mayne Duncauson, her guardian, shall execute a conveyance to the complainant, Isaac Polock, and his heirs, as directed by the decree in this cause, passed on the first day of November last.’ On the 12th of January, 1802, a deed was executed by the guardian, William M. Duncauson, to Polock, of the lots mentioned in the decree. It purported to be a deed from Marcia Burns, by her guardian, W. M. D., to Isaac Polock, in fee, and recited the substance of the proceedings and decree; and averred that the security had been approved, the mortgages duly executed, and the interest paid up. It concluded thus: ‘ In...