Briel v. Jordan

D.C. Circuit

Briel v. Jordan

27 App. D.C. 202, 1906 U.S. App. LEXIS 5155

CourtCourt of Appeals for the D.C. Circuit

DecidedMarch 7, 1906

DocketNo. 1626

StatusPublished

Cited by1 cases

This text of 27 App. D.C. 202 (Briel v. Jordan) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Briel v. Jordan, 27 App. D.C. 202, 1906 U.S. App. LEXIS 5155 (D.C. Cir. 1906).

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Opinion

Mr. Chief Justice Shepard

delivered the opinion of the Court:

The court was clearly right in excluding the plaintiff’s .evidence. Whether the justice’s court had jurisdiction in the matter at all, we need not pause to inquire. The party defendant, Nelson Roan, was not ousted. He had never been the tenant [205]*205of the plaintiff, bnt had been, and continued to be, the tenant of the defendant. At most, the proceeding was nothing more than an unwarranted scheme to obtain an attornment to the plaintiff of the defendant’s tenant without her knowledge,— an attornment that was expressly declared to be void by the statute then in force. D. C. Rev. Stat., sec. 683.

The evidence on behalf of the defendant made out a clear case of actual, exclusive, continuous, open, and adverse possession of the premises for more than twenty years, by her and those under whom she claimed, and had the effect to create in her a good and sufficient title. Holtzman v. Douglas, 168 U. S. 278, 284, 42 L. ed. 466, 468, 18 Sup. Ct. Rep. 65; Reid v. Anderson, 13 App. D. C. 30, 36.

This evidence having been undisputed, even in part, there was no error in directing the jury to find for the defendant.

The judgment must be affirmed with costs. Affirmed.

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Mr. Chief Justice Shepard

delivered the opinion of the Court:

The court was clearly right in excluding the plaintiff’s .evidence. Whether the justice’s court had jurisdiction in the matter at all, we need not pause to inquire. The party defendant, Nelson Roan, was not ousted. He had never been the tenant [205]*205of the plaintiff, bnt had been, and continued to be, the tenant of the defendant. At most, the proceeding was nothing more than an unwarranted scheme to obtain an attornment to the plaintiff of the defendant’s tenant without her knowledge,— an attornment that was expressly declared to be void by the statute then in force. D. C. Rev. Stat., sec. 683.

The evidence on behalf of the defendant made out a clear case of actual, exclusive, continuous, open, and adverse possession of the premises for more than twenty years, by her and those under whom she claimed, and had the effect to create in her a good and sufficient title. Holtzman v. Douglas, 168 U. S. 278, 284, 42 L. ed. 466, 468, 18 Sup. Ct. Rep. 65; Reid v. Anderson, 13 App. D. C. 30, 36.

This evidence having been undisputed, even in part, there was no error in directing the jury to find for the defendant.

The judgment must be affirmed with costs. Affirmed.

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27 App. D.C. 202, 1906 U.S. App. LEXIS 5155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/briel-v-jordan-cadc-1906.

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