MacKall v. Chesapeake and Ohio Canal Company
Supreme Court of the United States
Error to the Supreme Court of the District of Columbia. This was an action of ejectment for a part of Square No. 3, in the city of Washington. The Chesapeake and Ohio Canal Company, plaintiff below, proved a complete paper title to the land, and a continuous occupation of it for thirty years prior to 1867. The defendant entered that year.
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Error to the Supreme Court of the District of Columbia. This was an action of ejectment for a part of Square No. 3, in the city of Washington. The Chesapeake and Ohio Canal Company, plaintiff below, proved a complete paper title to the land, and a continuous occupation of it for thirty years prior to 1867. The defendant entered that year. Proof was' made of an act of the legislature' of Virginia, approved Jan. 27, 1824, entitled “An Act incorporating the Chesapeake and Ohio Canal Company,” the ninth section of which provides, “ That for and in consideration of the expenses, the said…
1Opinion of the CourtJustice Milleb
In the action of ejectment which is the foundation of this case the defendant in error was plaintiff, and produced evidence which made an unquestioned prima facie title to the land, with possession for more than thirty years undisturbed, until the tortious entry of defendant in 1867. On this the canal company recovered judgment; and the only error assigned is, that the court refused to receive evidence of a tax title in the defendant. The tax sale on which this title rested took place in the year 1864.
The statute of Virginia under which the canal company was incorporated contained a provision…
2Cited by13 opinions
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