Nicolson v. Brown

EDGERTON, Associate Justice.

This is an ejectment suit. The original plaintiff, appellant Nicolson, sued as successor of the Trustees of the Chesapeake and Ohio Canal Company, to whom the land in suit was conveyed in 1839. The defendants and their predecessors had occupied, improved, and paid taxes on the land for many years before suit, and claimed title by adverse possession. The District Court dismissed Nicolson’s complaint. It afterwards granted a “new trial” so as to permit the United States, which claimed title through the Canal Company, to intervene as plaintiff. The United States filed…