[Download] "Mindell v. Glenn" by District of Columbia Court of Appeals. ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Mindell v. Glenn
• Author : District of Columbia Court of Appeals.
• Release Date : January 04, 1949
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 47 KB

Description

CLAGETT, Associate Judge. Plaintiff below purchased improved real property at a sale under a deed of trust made by defendant to secure a debt. Defendant having refused to surrender possession of the premises, plaintiff began this action under Section 11-735 of the 1940 D.C.Code alleging that defendant was unlawfully detaining possession of the property. Defendant filed a verified answer in which the legality of the sale under the deed of trust was questioned and the allegation made that the case involved a question of title. Thereupon the trial court heard evidence and reached the Conclusion that a question of title was involved and that the Municipal Court did not have jurisdiction to try and determine such question. The court thereupon ordered the case 'sent to the files.' Thereafter plaintiff filed a motion for judgment for possession in the same action in the Municipal Court and on the same day defendant filed in the United States District Court for the District of Columbia a suit to set aside the sale of the property to plaintiff and for other relief. The trial Judge in the Municipal Court again ruled he had no jurisdiction to try the case, overruled plaintiff's motion for judgment for possession, and ordered the Municipal Court action stayed pending final Disposition of the proceedings in the District Court. From this order staying the Municipal Court proceedings plaintiff below brings this appeal.

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