McMillan v. Fuller
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action of ejectment. The Court in the opinion stated the facts as follows: This is an appeal from a judgment in an action of ejectment to recover possession of lot 21 in George Truesdell’s addition to Washington Heights, brought by plaintiff, Samuel II.
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Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action of ejectment. The Court in the opinion stated the facts as follows: This is an appeal from a judgment in an action of ejectment to recover possession of lot 21 in George Truesdell’s addition to Washington Heights, brought by plaintiff, Samuel II. McMillan, against defendant, Thomas J. D. Fuller, April 12, 1912. It was stipulated on the trial that on and prior to May 28, 1891, George Truesdell was seized and possessed in fee of the lot in controversy; and that by…
1Opinion of the CourtChief Justice SimrARD
3. There was no error in excluding evidence offered by plaintiff to show that he had paid the taxes on lot 21 from the time of his acquisition of title. It was admitted that his claim of title was complete. Unless defeated by defendant’s adverse possession, he was entitled thereby to recove’r possession. The payment of taxes was not necessary to his recovery; and he sustained no injury by the exclusion of the proof.
2. The second error is assigned on the permission given defendant to amend and plead limitation.
It had been the settled rule in this District, under former statutes of limitations,…
2Cases cited1 opinion
- Hogan v. KurtzSupreme Court of the United States · 1877
3Cited by4 opinions
- Reynolds v. NeedleCourt of Appeals for the D.C. Circuit · 1942
- Welch v. Unknown HeirsCourt of Appeals for the D.C. Circuit · 1955
- Jackson v. YoungCourt of Appeals for the D.C. Circuit · 1941
- Welch v. Unknown HeirsCourt of Appeals for the D.C. Circuit · 1955