NICOLSON v. BROWN

Nos. 8098, 8099.

135 F.2d 245 (1943)

NICOLSON v. BROWN et al. UNITED STATES v. SAME.

United States Court of Appeals for the District of Columbia.

Decided March 29, 1943.


Attorney(s) appearing for the Case

Mr. Vernon L. Wilkinson, Department of Justice, of Washington, D. C., for appellant United States of America. Assistant Attorney General Norman M. Littell and Messrs. Charles R. Denny, Jr., and Frank J. Dugan, both of Washington, D. C., Attorneys, Department of Justice, and Messrs. George E. Hamilton, John J. Hamilton, George E. Hamilton, Jr., and Henry R. Gower, all of Washington D. C. were on the brief for appellants.

Messrs. Alvin L. Newmyer and James T. Crouch, both of Washington, D. C., for appellees. Mr. George R. Jones, of Washington, D. C., also entered an appearance for appellees.

Before GRONER, Chief Justice, and VINSON and EDGERTON, Associate Justices.


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"...

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