Opinion

M.M. & G., Inc. v. Jackson

  • 612 A.2d 186
  • 1992 D.C. App. LEXIS 169
  • 1992 WL 151195
Court
District of Columbia Court of Appeals
Filed
Jul 2, 1992
Status
Published
Author
Gallagher
On the bench
Farrell, King, Gallagher
Cited by
18 cases

“For laches to bar an equitable action, ‘the defendant must have been prejudiced by plaintiffs delay, and plaintiffs delay must have been unreasonable.’” (quoting Martin v. Carter, 400 A.2d 326, 329 (D.C.1979))

How later courts described this case

  • “For laches to bar an equitable action, ‘the defendant must have been prejudiced by plaintiffs delay, and plaintiffs delay must have been unreasonable.’” (quoting Martin v. Carter, 400 A.2d 326, 329 (D.C.1979))
  • "It is well settled that a forged deed cannot validly transfer property and that even a bona fide purchaser takes nothing from that conveyance.”
  • equitable lien for value of improvements made by bona fide purchaser to property conveyed by forged deed
  • “We must read the statute as a whole and *807 in a way that harmonizes its provisions.”

Written by the judges who cited it.

The opinion

GALLAGHER, Senior Judge,

concurring:

I concur in the court’s opinion except in the discussion about advice of counsel. As I understand the opinion, the record does not support a contention that appellant continued with improvements to the house after having received the advice of counsel. (See note 2 of court’s opinion.) This being so, I would think that any discussion about proceeding upon advice of counsel should be considered irrelevant; and this sensitive area of the law therefore need not be opened.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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