Lyon v. Bursey
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 a verdict directed by the court in an action of ejectment. The Court in the opinion stated the facts as follows: This is an action of ejectment brought by appellant, Isaac S. Lyon, in the supreme court of the District of Columbia, to recover possession of an undivided one-half interest in the north half of lot 1, in square 834, in the city of Washington.
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Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia on a verdict directed by the court in an action of ejectment. The Court in the opinion stated the facts as follows: This is an action of ejectment brought by appellant, Isaac S. Lyon, in the supreme court of the District of Columbia, to recover possession of an undivided one-half interest in the north half of lot 1, in square 834, in the city of Washington. It appears from the record that both parties claim to derive title from one William S. Walker, who died intestate in 1844, leaving as…
1Opinion of the CourtJustice Van Orsdel
The only question presented is whether plaintiff, by amending his original declaration in the suit to recover possession of the entire north half of the lot, and accepting judgment for an undivided one half thereof, estopped himself from bringing *238a separate action to recover possession of the portion disclaimed in the former suit. It is conceded that no change in the condition of the record title to the north half of the lot has occurred since the bringing of the original action. The same proof upon which plaintiff now relies to establish his title to the portion of the lot here in…
2Cited by2 opinions
- Kincade v. WahDistrict of Columbia Court of Appeals · 1944
- Momand v. Paramount Pictures Distributing Co.District Court, D. Massachusetts · 1946