Newman Jackson

• Decision Date: 12 March 1827
• Citation: 25 U.S. 570,12 Wheat. 570,6 L.Ed. 732
• Parties: NEWMAN, Plaintiff in Error, against JACKSON, Defendant in Error
• Court: U.S. Supreme Court

25 U.S. 570

6 L.Ed. 732

12 Wheat. 570

NEWMAN, Plaintiff in Error, against JACKSON,

Defendant in Error.

March 12, 1827

March 2d.

THIS cause was argued by Mr. Key, for the plaintiff in error, and by Mr. Swann, for the defendant in error.

March 12th.

Mr. Justice TRIMBLE delivered the opinion of the Court.

This was an action of ejectment, brought to recover lot No. 99, in Threlkeld's addition to Georgetown, with the improvements thereon, fronting sixty feet on Fayette-street, and one hundred and twenty feet on Second-street.

The plaintiff in error was tenant in possession of the premises, appeared to the action, and, upon entering into the common consent rule, was admitted to defend, and pleaded not guilty, upon which issue was joined.

Upon the trial in the Court below, the plaintiff gave in evidence a deed from John W. Bronaugh to Thomas G. Moncure, conveying to him, in trust, for the payment of certain enumerated creditors, 'A lot on Fayette-street, and Second-street, in Georgetown, fronting 60 feet on Fayette-street, and 120 feet on Second-street, with the buildings improvements, and privileges,' in trust, to secure the payment of the enumerated debts within thirty days; and, if not then paid, the property conveyed in trust to be sold, 'after a week's notice in the Messenger,' &c.

The plaintiff gave in evidence the notice published in the Messenger, under, and in pursuance of which, the property was sold at public auction, in these words, to wit: 'By virtue of a deed of trust to the subscriber, for the securing certain moneys therein-mentioned, will be exposed to public sale, on Thursday, the 4th of March next, for ready money, the following described property, viz. lot No. 99, in Peter, Beatty, Threlkeld, and Deakins' addition to Georgetown, fronting 60 feet, on Fayett-street, and 120 feet on Second-street, with a two story brick dwelling house, in excellent repair, thereon. The sale to take place on the premises.

'THOMAS G. MONCURE, Trustee.

'The above sale postponed until the 4th day of May next, when it will certainly take place. March 24th, 1819.'

The plaintiff proved, that the lot conveyed by the deed of trust had been sold on the premises, at public auction, by Moncure, the trustee, on the day mentioned in the notice, and that Jackson became the highest bidder and purchaser; and the plaintiff gave in evidence the deed of conveyance made by the trustee to Jackson, for lot No. 99, &c. in pursuance of the public sale. It was proved, that the plaintiff in error had entered upon the premises as tenant to John W. Bronaugh, and that he was in possession at the commencement of the suit; and the town plats were also given in evidence.

A verdict was taken for the plaintiff, subject to the opinion of the Court, as to the law arising upon the case, and the Court below thereupon gave judgment for the plaintiff in that Court.

It is contended for the plaintiff in error, that the judgment of the Court below is erroneous, and should be reversed:

1st. Because no valid sale could be made of the premises in question without the aid of a Court of equity.

2dly. Because the trustee's 'proceedings were irregular, and no title passed to the appellee by Moncure's deed of the 14th of June, 1819.'

We do not think there is any thing in the first ground assumed by the counsel for the plaintiff in error. Whether the conveyance from Bronaugh to Moncure be regarded as a mortgage, as contended for by the counsel, or as a deed of trust, in the usual and technical sense of the term, there can be no doubt it vested in Moncure the legal title to the premises; and his conveyance of the premises by deed to the...