U.S. Circuit Court for the District of District of Columbia, 1836

Hamilton v. Franklin

Hamilton v. Franklin
U.S. Circuit Court for the District of District of Columbia · Decided May 15, 1836 · Cranch
4 D.C. 729; 11 F. Cas. 340; 4 Cranch 729
Hamilton v. Franklin

Opinion of the Court

CRanch, C. J.,

cited the case of Durham & Whitridge v. Ashlon, in this Court, at November term, 1832, and stated that the ground of that opinion was that such a deed was void at common law, as decided by the Supreme Court of the United States in the case of Russell v. Hamilton, 1 Cranch, 309; that the Maryland statute did not repeal the law in that respect, but was in affirmance of it; and that the acknowledging and recording of a deed void, at common law, did not make it valid.

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