MYERS v. CANTON

No. 17923.

426 F.2d 462 (1970)

David MYERS, Appellant, v. Robert CANTON and Maria Canton, Their Heirs and Next of Kin, Adina Kean and Osmond Kean, the West Indian Company, Ltd., and All Other Persons Claiming an Interest in Real Property No. 11 Nordsidevej, Queen's Quarter, St. Thomas, Virgin Islands.

United States Court of Appeals, Third Circuit.

Decided May 11, 1970.


Attorney(s) appearing for the Case

Croxton Williams, Charlotte Amalie, V. I., for appellant.

George H. T. Dudley, Charlotte Amalie, V. I., for appellees Canton

Alexander A. Farrelly, Birch, deJongh & Farrelly, Charlotte Amalie, V. I., for appellees, Kean.

Before HASTIE, Chief Judge, and GANEY and STAHL, Circuit Judges.


OPINION OF THE COURT

HASTIE, Chief Judge.

This appeal has been taken from a judgment of the District Court of the Virgin Islands which denied the appellant's claim that he had acquired title to Lot No. 11 and Lot No. 11A, Nordsidevej, in St. Thomas, by adverse possession.

After an evidentiary hearing without a jury, the trial court made the following findings of fact:

"1. That in 1933, the plaintiff entered into possession of a small wooden...

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