Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-01-23
LOCAL NEWS.

TENANT HOLDING CYER-hrdUse os. Jdi6rrt
a case OF this character has been attracting the
attention of lawyers and others at the Office of
Justice johnson, ana though it has had sew
eral hearings, it has not yet been decided. At
Davis for the plaintiff and Phillips for defence
reviewed the facts Of the case, from which we
cleaned the following:
Mr.. John Talbert was for nine years tenant
OF Mr.. George H. Plant. At the end of that
time MT. Plant disposed OF his right and title
to the property to Mr. Lewis Krause. Mr..
Krause, understanding from Mr.. Plant that
Talbert was monthly tenast, gave Talbert
the thirty days notice to leave the premises, as
required by law OF monthly tenant. Mr.
Taibert claimed that he is yearly tenant, and
entitled to six months notice.
The evidence OF Mr. Plant was that he never
let the house tea yearly tenant, and that the
house was rented by agreement with Talbert's
wife by the moath, and the payments were
made monthly.
The defense denied the agreement to occupy
as monthly tenant, his wife never having
Mr.. Phillips argued that Talbert, being
yearly tenant of Plant, could not, by the trans
fer OF the property, be made the monthly tenant
of krause, it being fundamental principle OF
law that the rights Of party cannot be effected
by any act of third party. Mr.. Krause has no
other rights than those he received from Plant.
the first-and the plaintiff wishing to prove a
special contract, should do so by disinter-
ested witness. The evidence of Mr.. Plant,
under the circumstances, is not sufficient, he
being to q certain extent interested, as the sale
was made upon his representation that the de-
fendant was q monthly tenant.
Mr.. Davis. for the plaintiff, said he was as.
tonished at the position taken by Mr.. Phillips,
that though the defendant was at first a month
ly tenant, having lived nine years In the house
he became q yearly tenant Mr.. ID. proposed
problem III possession nine years made q
monthly tenant yearly tenant, how many
years does it require to give a tenant right to
deed IN fee simple
the points presented by the counsel, but he felt
satisfied that the positive uneQuivocal tssti-
mony Of Mr. Plant, the defendant is q monthly
tenant and entitled to the thirty days notice
only, and the fact that plaintiff had proceeded
regularly according to the act OF Congress con-
corning such cases, would insure ajudgnent
Justice johnson will give judgment on Tues
day next
CORRECTION OF THE ENROLMENT List
The following names have been stricken from
the enrolment lists:
rolled in Maryland.
Second Sub. District.-F. A. Stone, now in
service.
furnished substitute in 1868; George w. Alien,
enrolled in Maryland.
Fourth Sui. District.-Edwin Hunt, enrolled
in Maryland; Edward Medier, enrolled in
New York Ambrose Merrill, enrolled in
Maine: J. Glidden. do: w. M. Sindall enrolled
In Maryland; F. J. Heiberger, physical dis
Fifth Sub. District John anderbilt, physical
disability; w. F. Cox, over age; Patrick Haw-
SisM Sub District.-George Rich, uader age
Andrew Lynch. physical disability.
Sepenth Sub. District.--Lawrence- CeConner,
under age; Albert Middleworth. enrolled in
| MARYLAND; John u. Cole, enrelled.ia Wiscon-
| sin; e.. r. Piper. enrolled in Penlsylvania.
| Eighth Sub. District. w. A. Cunningham,
| physical disability.
Tenth Sub. District.-James Thomas, physical
| disability.
Eleventh Sub. Districs-Lewis Schmidt ply
| steal disability.
| T,vcIfM Sub. District.-A.- Glorious, over age
Jesse Anderson. physical disability.
| NAVY YARD.-The Ella, fActing master
| Stone dispatch boat to the fsotilla, arrived III
from below on Saturday evening, but reports
The e;mur de Lion, Acting Master Charie
| n Morvis arrived up yesterday afternoon 10
Sansirs She reports large quantities Of Ice
~ liver. which she struck at Ragged Point
| snd Also confirms the sinking OF the EXPIRES
| Near Indian Head, and the Hareee being Gu
through by the ice and being run ashore nea
| Nanjemoy.
walker, will 60 out OF commission to.morro y
and her officers will at once proceed to thai
dastinations, most of them having been ordere
to different vessels and stations. while ne
crew will be sent to the receiving ship at haiti