Hitz v. Jenks, 185 U.S. 155 (1902)

Hitz v. Jenks

No. 99

Argued January 14-15, 1902
Decided April 7, 1902
185 U.S. 155

APPEAL FROM THE COURT OF APPEALS

OF THE DISTRICT OF COLUMBIA

Syllabus

The property involved in this suit is improved real estate in the City of Washington, and the controlling question presented is whether the sale of it under a deed of trust stands in the way of its redemption by Mrs. Hitz upon her paying the debt secured by the deed of trust.

As between the parties to the original cause, the title to the real estate in question was bound for the filing of the cross-bill by Mrs. Hitz.

The deeds which Mrs. Hitz sought to have set aside are valid and enforceable instruments.

The sale by Tyler as trustee conferred no title as against Mrs. Hitz.

Mrs. Hitz is entitled in this suit to redeem the property by paying such sum as may be due on account of the debt to secure which the deed to Tyler was made.

The case is stated in the opinion of the Court.