Samuel Blatchford

“ Subsequently, Ward, the trustee under the deed of trust of June 1, 1874, and under another and prior deed of trust to him in favor of the same Charles Batchelor, advertised the land for sale at auction. Batchelor had died, and Mary Ann Batchelor had been appointed his executrix. To prevent this sale, Sarah A. Brereton, on the fourth of February, 1879, filed the bill in this suit, making as defendants James I. Brereton, William H. Brereton, Peter Hannay, William H. Ward, Mary Ann Batchelor, as esecutrix, and some other parties who claimed an interest in or lien on the land. ”

“ That deed begins thus: 'This indenture, made this first (1st) day of June, in the year of our Lord one thousand eight hundred and seventy-four, (1874,) between Wm. H. and Sam. Brereton, of the city of Washington, District of Columbia, parties of the first part, and Wm. H. Ward, of same city and district, of the second part.' It then recites that William H. and Samuel owe to Charles Batchelor $3,500, on a promissory note made by them, payable to him three years after June 1, 1874, with interest at 10 per cent. per annum. ”

“ Brereton possessed the right, she was not the grantor, and used no words to convey her right. No intention on her part to execute the power she possessed appears in the deed. Warner v. Connecticut Mut. Life Ins. Co. 109 U.S. 357, S.C.. 3 SUP. CT. REP. 221, and cases there cited; Story, Eq. Jur. § 1062a. Moreover, Hannay possessed the right, and was not the grantor, and was not requested or directed by Mrs. Brereton to convey. ”