Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-04-21
LAND IN DISPUTE.
The Complications Arising From A
lowing Subdivisions I'm Certain Cuxe

The Complications Arising From Al
lowing Subdivisions I'm Certain Cases.
When the protest of Mary J. Wilcox
against any new subdivision of square yl3
was received at the Commissioner office IL
was an innocent-looking document Since
that time. however, It has increased In i'm
portance. until 1t has developed into one of
the most peculiar cases ever brought before
them. The story is best told In the opinion
Of the attorney to whom the matter was
referred for report. He says:
1T appears from an examination Of the
records that at the foundation of this city
square 913 passed to one George Walker 1t
Is matter OF common knowledge among title
examiners that Walker who was a British
alien, left America shortly afterward, never
returning, and is supposed to have died in
lsl3. The property standing in his name
on the tax books Of the late corporation OF
washington was very generally sold for
taxes a great many years ago, and the title
to square 9l3 passed under such sales long
ago TO the late William Gunton, since which
time, as an examination OF the tax books
will doubtless show, il has been assessed in
the name Of william Gunton and his heirs
until this controversy arose, and the taxes
paid by him and them accordingly Mr.
Walter appears to have procured convey
ances In 1889 from certain persons in Great
Britain. claiming to be the heirs of the
above named George Walker, which he
placed on record In the proper Office He
seems to have recognized the fact that the
devisees and heirs of William Gunton were
in adverse occupancy of the property, since
he Instituted suits in ejectment against
them for its recovery, which suits are stin
pending In the courts of this District
Mr.. Walters Subdivision,
I'm April, 1892, Mr.. Walter submitted TO
the Commissioners a subdivision he pro-
posed to make OF said square. and having
signed the necessary affidavit as to owner
ship. required as a condition precedent to
the approval of his subdivision. it was APP
proved by the Commissioners and Admitted
to record in the office of the surveyor. This
affidavit did. not disclose the fact that the
title to the property was in dispute or that
II was in the adverse occupancy Of other
parties, facts which. / think. should be
stated In such an affidavit. An examina-
ton OF the books of the assessors office
shows that Walters subdivision has never
been recognized nor entered upon the tax
books by the assessor, and the property
still stands listed in the names of the heirs
and devIsees of William Gunton.
1T appears that in the water department
assessments for laying a water main were
levied against the lots in said square &C
cording to the Walter subdivision but this
action Of the water department. not being
based upon the records of the assessors Of
fee. was mistake. which it is within the
VI commissioners 10 COR
rect. While the subdivision Of Mr. Walter
may be a nullity because of want OF au-
thority in him to make 1t, still, it having
been made and approved by the Commits
sloners and recorded in the Office of the sur
veyor. doubt the power of the Commits
sioners to revoke It, The Commissioners
have the power, however, to revoke the as
sessments for the laying Of water mains ac-
cording to the Walter subdivision, and or
der it made according to the records OF the
assessors office. and / recommend that the
order of the Commissioners, il they issued
one, that the lots in square 9l3 be assessed
for the laying of water mains in accord
ance with the Walter subdivision be re-
scinded and that the property continue to
be listed and assessed in the same manner
as prior to that subdivision, at least until
the courts shall determine the disputed
ownership
This case fifty illustrates the propriety,
think, Of amending the rule in regard to
proof of ownership in the matter Of the
subdivision of land. The affidavit of the
owner in support of an application for a
subdivision should. In addition to stating
that he is the owner, state that he is in oc-
cupation and that there are no suits and
actions pending affecting the title to the
property"