Mackall v. Casilear - 137 U.S. 556 (1890)

U.S. Supreme Court

Mackall v. Casilear, 137 U.S. 556 (1890)

Mackall v. Casilear

No. 97

Argued November 26, December 1, 1890

Decided December 22, 1890

137 U.S. 556

APPEAL FROM THE SUPREME COURT

OF THE DISTRICT OF COLUMBIA

Syllabus

The plaintiff, having averred in his complaint the execution of a deed by him to his father, and having conceded its delivery, and there being no prayer for specific relief as to it, and no averments that would entitle him to have it set aside for want of acknowledgment under the prayer for general relief, he cannot set up that the deed is not operative, even as between the parties, for want of proper acknowledgment and record.

When a deed is void on its face, the interference of a court of equity is unnecessary.