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8 D.C. 602

Varden v. Todd

District of Columbia Court of Appeals

Decided September 15, 1874

District of Columbia Court of Appeals · decided 1874-09-15

This was an action of ejectment, brought by the heirs at law of Ezra Yarden, to recover certain lots of ground in the city of Washington. From the bill of exceptions, it appears that the plaintiffs gave in evidence at the trial a continuous chain of deeds, showing that the property in question was vested in said Ezra Yarden on the 5th day of July, 1814. Plaintiffs further proved the death of said Ezra Yarden, and that they were his heirs at law.

Decided 1874-09-15

Mr. Justice Olin

¶1delivered the opinion of the court:

¶2This was an action of ejectment, tried at the circuit, brought to recover the possession of lots 1, 12, 13, and 14, in square No. 361, in this city.

¶3The plaintiffs show that their ancestor, Ezra Yarden, had the title to these lots prior to July, 1814, and that they were his heirs at law.

¶4The defendant in possession, for the purpose of showing title out of the plaintiffs, offered iu evidence a deed of assignment of said premises, executed July 5, 1814, to Charles Glover, his heirs and assigns, under and in pursuance of the insolvent law then existing in this District.

¶5Todd, the defendant, gave no evidence tending to show a paper title in himself from Glover, nor did the plaintiff give any to the premises in dispute of possession in themselves or those under whom they claimed since 1814.

¶6Hpon this state of facts Justice MacArthur directed a verdict for defendant. The question arising in the case is, whether this court will not presume, after the lapse of half a century, that the insolvent, Yarden, paid his debts without a resort to the property assigned for that purpose, and that a reconveyance of this property was made to Yarden. From ,©ur experience in reference to the settlement of the estate of insolvents, these presumptions seem to us a little too violent.

¶7The judgment of the circuit must be affirmed.

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