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GROOME v. STEWARD

No. 8537.

142 F.2d 756 (1944)

GROOME et al. v. STEWARD.

United States Court of Appeals District of Columbia.

Decided April 24, 1944.

Attorney(s) appearing for the Case

Mr. Robert A. Littleton, of Washington, D. C., for appellants.

Mr. Albert Brick, of Washington, D. C., with whom Mr. Carey E. Quinn, of Washington, D. C., was on the brief, for appellee.

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

ARNOLD, Associate Justice.

The complaint alleged that appellee had been in adverse possession of a strip of land. The prayer was for a judgment declaring title in appellee and enjoining appellants from building on the land in question. The trial court found the issues of fact in favor of appellee and granted him a declaratory judgment.

This appeal is based on the ground that the essential nature of the cause of action was at law whereas the complaint sounded...

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