(DOWNLOAD) "Duvall v. Southern Municipal Corporation" by District of Columbia Court of Appeals. * Book PDF Kindle ePub Free
eBook details
- Title: Duvall v. Southern Municipal Corporation
- Author : District of Columbia Court of Appeals.
- Release Date : January 10, 1949
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
CLAGETT, Associate Judge. The Southern Municipal Corporation sued the defendants below, James T. Edwards and Bernard Leonard, trading as Bernard Leonard & Co., for rents collected by defendants as agents. Plaintiff claimed the rents as holder of a tax deed on premises 1230 3rd Street, S. W. Defendants by answer admitted holding the rents in question but asserted that one Nathan Duvall had served notice that he was the owner of the fee simple title to the property. Duvall was allowed to intervene upon the basis of an affidavit by him that subsequent to the date of the tax deed he had received a deed to the property from one Herbert S. Tolson. Duvall further alleged on information and belief that at the time of the tax deed Tolson was the owner in fee simple of the premises and that plaintiff had never been in possession of the property and 'is not legally entitled to the same.' Judgment was given for plaintiff and Duvall has appealed. At the outset of the trial the court asked counsel for defendants and intervenor the nature of their defense. Counsel replied that under the law relating to the sale of real property for taxes the purchaser was not entitled to rents. W. C. & A. N. Miller Development Co. v. Emig P. Corp., 77 U.S.App.D.C. 205, 134 F.2d 36, was cited in support of this position. The trial court disagreed and objection was then made that the Municipal Court did not have jurisdiction as the case involved title to real property. The court ruled that such matter was not before the court because, not having been raised by motion, the jurisdictional question was waived.