Legal Opinion

Miller v. Elliot

U.S. Circuit Court for the District of District of Columbia

Decided March 15, 1839PublishedCited by 2 opinions

Assumpsit for money paid, laid out, and expended, for the defendant’s use and at his request; to recover one half of the costs of so much of the partition-wall erected by the plaintiff as was used by the defendant in building his house on the adjoining lot.

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Assumpsit for money paid, laid out, and expended, for the defendant’s use and at his request; to recover one half of the costs of so much of the partition-wall erected by the plaintiff as was used by the defendant in building his house on the adjoining lot. Verdict for the plaintiff, subject to the opinion of the Court, whether the plaintiff had a right to place half of his partition-wall on the lot of the defendant, and whether the defendant is liable to the plaintiff for half the cost of so much of the wall as the defendant used in building his house adjoining it.

1Opinion of the CourtCranch, C. J.

The original proprietors of the lands now composing the city of Washington, by deeds dated about the 29th of June, 1791, conveyed their lands to Thomas Beall and John M. Gantt, in trust, among other things, to be laid out for a federal city, with such streets, squares, parcels, and lots, as the President of the United States should approve; and that they should convey to the commissioners of the city, for the use of the United States, forever, all the streets, &c., and that the residue of the lots should be equally divided between the United States and the original proprietors; and that the…

2Cited by2 opinions

  1. Walker v. GishSupreme Court of the United States · 1923
  2. Fowler v. KoehlerCourt of Appeals for the D.C. Circuit · 1915

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