CHESAPEAKE BEACH RY. CO. V. WASHINGTON, P. & C. R. CO., 199 U. S. 247 (1905)

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U.S. Supreme Court

Chesapeake Beach Ry. Co. v. Washington, P. & C. R. Co., 199 U.S. 247 (1905)

Chesapeake Beach Railway Company v. Washington,

Potomac and Chesapeake Railroad Company

No. 35

Argued October 31, November 1, 1905

Decided November 13, 1905

199 U.S. 247


In an action of ejectment in which the plaintiff relied upon a line of conveyances not going back to the original source of title coupled with possession on the part of a grantor, held, on a discussion of the evidence, that the deeds sufficiently identified the land and that the plaintiff was entitled to go to the jury on the question of possession.

A deed by the trustee of a mortgage reciting a foreclosure decree is not limited in its operation to the authority conferred by the decree, but passes the title of the trustee to the land which it purports to convey.

Page 199 U. S. 248

A reference in a declaration to tax sales of the land demanded will not be construed to import that there is a title outstanding in third persons, as against the allegation that the plaintiff was lawfully seized of the premises, no evidence having been taken on the subject at the trial. A conveyance of land in the District of Columbia made by a disseisee is valid.

The title of a railroad company, as against a disseisor, to land conveyed to the railroad by an earlier company authorized to extend into the District of Columbia is not affected by the question whether the grantee also had been authorized to go there.

The facts are stated in the opinion.

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