Peck v. Heurich
Supreme Court of the United States
ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. This was an action of ejectment, brought September 20, 1892, in tbe Supreme Court of the District of Columbia by Ezra J. Peck and Leo Simmons, trustees, against Christian Heurich, to recover land in the District of Columbia. The defendant pleaded the general issue.
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ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. This was an action of ejectment, brought September 20, 1892, in tbe Supreme Court of the District of Columbia by Ezra J. Peck and Leo Simmons, trustees, against Christian Heurich, to recover land in the District of Columbia. The defendant pleaded the general issue. At the trial the plaintiffs, as stated in the bill of exceptions, offered in -evidence a deed dated and recorded November 8, 1828, from William A. Bradley, purporting to convey to Ann Bartlett in fee simple the real estate described in the declaration, together with other…
1Opinion of the CourtJustice Gray
One ground taken in the opinion of the Court of Appeals, and at the argument in this court, in support of the judgment for the defendant, was that, independently of the question of the validity of the deeds to the plaintiffs, they could not maintain this action, because they had not complied with the rule of the law of Maryland, in force in the District of Columbia, by which, in order to maintain an action of ejectment,' the plaintiff must show that he has the legal title in the land and the right of possession, and cannot establish this without first, showing that the land had been granted…
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