Lyon v. Bursey
District of Columbia Court of Appeals
Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia upon direction of a verdict for the defendant in an action of trespass quare clausum. The Court in the opinion stated the facts as follows':' This appeal is from a judgment in the supreme court of the District upon a directed verdict in favor of the defendant, Isaac B. Bursey, appellee, in an action of trespass quare clausum.
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Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia upon direction of a verdict for the defendant in an action of trespass quare clausum. The Court in the opinion stated the facts as follows':' This appeal is from a judgment in the supreme court of the District upon a directed verdict in favor of the defendant, Isaac B. Bursey, appellee, in an action of trespass quare clausum. It appears that the parties are tenants in common of the north half of original lot 1 in square 834, situate on Fifth street, between F and G street, N. E., in this…
1Opinion of the CourtJustice Robb
It is well settled that one tenant in common is not liable to his cotenant for use and occupation, unless there has been an actual ouster of the cotenant, or acts amounting to that, ilie Laughlin v. McLaughlin, 80 Md. 115, 30 Atl. 607. As tenants in common are jointly seized of the entire estate, ánd each has an equal right to entry and possession, the possession of one being the possession of all, ouster will not be presumed, but there must be a showing of positive acts of hostility. Van Bibber v. Ferdinand, 17 Md. 436; Small v. Clifford, 38 Me. 213. Our Code recognizes this rule, for sec.…
2Cases cited6 opinions
- Israel v. IsraelCourt of Appeals of Maryland · 1869
- Van Bibber v. FerdinandCourt of Appeals of Maryland · 1861
- Hayden v. MerrillSupreme Court of Vermont · 1872
- McLaughlin v. McLaughlinCourt of Appeals of Maryland · 1894
- BOHLEN v. ARTHURS & OthersSupreme Court of the United States · 1885
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