60 A.2d 697 | D.C. | 1948
This is an appeal by a tenant from a finding and judgment awarding plaintiff possession of dwelling property which she claimed she required for her personal use and occupancy as authorized by the District of Columbia Emergency Rent Control Act. Code 1940, Supp.V, 45 — 1605.
Appellant charges that the trial judge erred in holding that a deed running to plaintiff vested in plaintiff a fee simple title to the property in suit. But the record does not show that the judge so held or that he made any ruling, or was requested to make any, concerning the legal effect of said deed. The deed, which was in evidence, recited that it conveyed a fee simple title, and reserved unto the grantor the right to the use, occupancy and income of the property, during his lifetime. But, as we shall explain, plaintiff’s suit for possession did not depend upon the deed, but upon her status as landlord.
Appellant also charges that the trial judge erred in refusing to permit a brother of plaintiff, whom defendant had called as a witness, to testify as to who was the owner of the property in suit. We hold the ruling was correct. It was alleged and the testimony showed without dispute or contradiction that plaintiff was the landlord and that defendant was her tenant. It has always been the law in this jurisdiction that a tenant cannot dispute the title of his landlord, or attempt to set up title in himself or in a third person.
There is a further assignment of error which is also directed to a ruling on a question of evidence. During cross-examination of plaintiff it developed that she owned a house next door to the one in
Other errors assigned have no strpport in the record or are without merit.
Affirmed.
Merritt v. Kay, 54 App.D.C. 152, 295 F. 973; McFarlane v. Kirby, 28 App.D.C. 391; Morris v. Wheat, 11 App.D.C. 201; Koehne v. Harvey, D.C.Mun.App., 45 A.2d 780.
Code 1940, Supp. V, 45 — 1011(s.).