Hitz v. Jenks
123 U.S. 297 (1887)

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U.S. Supreme Court

Hitz v. Jenks, 123 U.S. 297 (1887)

Hitz v. Jenks

Argued October 21, 1887

Decided November 14, 1887

123 U.S. 297

Syllabus

Real estate in the District of Columbia, belonging to a married woman before the Act of April 10, 1869, c. 23, may be conveyed, by deed voluntarily executed and duly acknowledged by her husband and herself, to secure the payment of a debt of his.

Under §§ 450-452 of the Revised Statutes of the District of Columbia, a certificate of the separate examination and acknowledgment of a married woman, made in the prescribed form and recorded with the deed executed by her, cannot be controlled or avoided, except for fraud, by extrinsic evidence of the manner in which the magistrate performed his duty.

A receiver of a national bank, appointed by the Comptroller of the Currency, is not accountable in equity to the owner of real estate for rents

Page 123 U. S. 298

thereof received by him as such receiver and paid by him into the Treasury of the United States, subject to the disposition of the Comptroller of the Currency, under § 5234 of the Revised Statutes.

Accruing rents, collected and paid into court by a receiver appointed on a bill in equity against the mortgagor and a second mortgagee to enforce a first mortgage, which appears to have been satisfied and discharged, belong to the second mortgagee so far as the land is insufficient to pay his debt.

In equity. The case is stated in the opinion of the court.

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