Mackall v. Richards
| Decision Date | 14 December 1885 |
| Citation | 6 S.Ct. 234,29 L.Ed. 558,116 U.S. 45 |
| Parties | MACKALL, Jr., v. RICHARDS and others. Filed |
| Court | U.S. Supreme Court |
W.
B. Webb and Enoch Totten, for motion.
W. Willoughby, against motion.
This is an appeal from a decree of the supreme court of the District of Columbia entered at general term upon a mandate from this court. In Stewart v. Salamon, 97 U.S. 361, this rule was promulgated: This suit was begun in the supreme court of the District of Columbia, May 2, 1871, to subject to the payment of certain judgments so much of lot 7 in square 223 of the city of Washington as had not been conveyed by the marshal of the District of Columbia to Alfred Richards by deed bearing date October 7, 1870. A decree was entered in favor of the complainants, at special term, on the twenty-third of May, 1873. This decree was affirmed at general term, October 16, 1873, and by this court March 19, 1877. Under the decree, a sale was made and reported to the court below, but upon the return Mackall filed exceptions because the property had not been sufficiently described. Upon hearing, these exceptions were sustained, and the sale set aside. The court then took steps to fix the boundaries of the property, and on the eleventh of December, 1879, a decree was entered at special term directing that the sale be made according to a certain description. From this an appeal was taken to the general term, where the decree was affirmed, April 5, 1881, in all respects, except that one of the two trustees who had been appointed to make the sale was removed at his own request, and the other directed to proceed alone. An appeal was thereupon taken to this court, where the only error assigned was that the boundaries of the property had been erroneously fixed. At the last term this appeal was heard, and the cause was remanded, with the directions 'to set aside the decree from which this appeal is prosecuted, and to order the sale in satisfaction of complainant's demands, and in such mode as may be...
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