Wheaton v. Sexton

Decision Date12 March 1819
PartiesWHEATON v. SEXTON'S Lessee
CourtU.S. Supreme Court

in square 254, to Francis F. Key, Esq. for three hundred dollars; sales of real property in square 253, countermanded by said Key; sold personal property,' &c. The writ was never actually returned, but for the first time, produced by the marshal in court, at the trial of this cause. The sale took place after the return-day mentioned in the writ. The plaintiff also produced and read in evidence a deed from the marshal to the plaintiff in ejectment, dated 30th May 1816, he having been the highest bidder, by Key, his attorney.

The defendant's counsel prayed the court to instruct the jury, that the lessor of the plaintiff could not recover. The court refused to give such instruction, but instructed the jury, that if they should be of opinion, from the evidence, that the writ of fi. fa. was levied by the marshal, upon the property in question, before the return-day of the writ, it was lawful for him to sell the same, under and by virtue of said writ, and that the facts respecting the said sale might be proved by parol. To which instruction, the defendant excepted.

The defendant, to show the legal title of the premises to be in one E. B. Caldwell, and not in the lessor of the plaintiff, gave in evidence a deed from the defendant in ejectment to said E. B. Caldwell, made and executed on the 23d of December 1811, conveying the premises to the said E. B. Caldwell, reciting the deeds from Van Ness, &c., and that it was understood, at the time of making those deeds, that the property should be absolutely for the sole use of said Sally Wheaton, &c., but it had been apprehended and suggested, that the said Joseph Wheaton might have a life-estate therein, to carry into effect the original intent of the conveyances, and for the consideration of five dollars, paid to him by E. B. Caldwell, the said Joseph Wheaton conveyed to him all his right, title and interest, in trust for the use of said Sally Wheaton. Whereupon, the court instructed the jury, that if the jury should be of opinion, from the evidence, that the said deed was made by the said Joseph Wheaton, without a valuable consideration therefor, or was made by him, with intent to defeat and delay, or defraud his creditor, the said Sexton, of his debt aforesaid, then the said deed was void in law, as to the said Sexton: to which the defendant excepted.

The jury found a verdict, and the court rendered a judgment for the lessor of the plaintiff. The cause was then brought to this court by writ of...

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31 cases
  • Shellenbarger v. Fewel
    • United States
    • Oklahoma Supreme Court
    • March 19, 1912
  • Bryant v. Cadle
    • United States
    • Wyoming Supreme Court
    • October 5, 1909
    ...Hoover, 14 N.E. 471; 17 Cyc. 1766; 18 Cyc. 809; 21 Cyc. 144; 24 Cyc. 32; 25 Ency. Law (2nd Ed.) 778; 12 Ency. Pl. & Pr. 70, 74; Wheaton v. Sexton, 4 Wheat. 503; Voorhees Bank, 10 Peters 477; Lessee v. McAllister, 9 O. St. 19; White v. Rand, 21 N.E. 97; Kimple v. Conway, 17 P. 546; Morrow v.......
  • Cole County v. Madden
    • United States
    • Missouri Supreme Court
    • May 16, 1887
    ... ... Lackland, 49 Mo. 451, 454; Houck ... v. Cross, 67 Mo. 151; Rorer on Jud. Sales, sec. 589; ... Phillips v. Coffee, 17 Ill. 154; Wheaton v ... Sexton, 4 Wheat. 503, 506; Maddox v. Sullivan, 2 Rich ... Eq. 4; Brook v. Rooney, 11 Ga. 425. But no ... irregularities were shown, and ... ...
  • Brady v. Smotherman
    • United States
    • Georgia Court of Appeals
    • July 3, 1935
    ...v. Beavers, 8 Ga. 300. In Brooks v. Rooney, 11 Ga. 423, 427, 56 Am. Dec. 430, our Supreme Court adopted the rule in Wheaton v. Sexton, 4 Wheat. 503, 4 L. Ed. 626, laid down by the United States Supreme Court, as to caveat emptor, regarding a purchaser at a judicial sale, and made such purch......
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