The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-04-17
AFFAIRS OF THE DISTRICT
a Controversy Over a Narrow Strip
of Land.

Opinion of the Attorney Upon the
Application of the sE.OOt Heirs for
the SubdiyfdIng of Square in
OBSERVATION-DISCLOSURES Work Ordered
Andrew E DuvaII the Attorney for the
District, has submitted to the Commits
sioHers an opinion concerning the applica-
ton of Gordon & Gordon. attorneys for
the Smoot heirs. to subdivide a portion of
square I232, Georgetown. into one lot for
the purpose of building thereon. The qUes-
ton is a most interesting one, although it
only involves an excess of 30 feet Of
ground With reference 60 the matter the
Attorney presents the following state
pseut:
1T appears that the frontage of said
square on DUmharton Avenue was consid-
erably in excess of that indicated by the
original subdivision: that subsequent to
said original subdivision 80 feet on the
eastern part Of said square was conveyed,
and that the western lire of the proposed
subdivision has been definitely fixed by
conveyance and surveys
In ISL conveyance was made Of the re-
TndindeT Of the square. including the land
now proposed to be sub1jvided, by the
said east and west lines heretofore estab-
Ifshed.
In 1874 this remainder of the square was
subdivided by C H Cragin. trustee. into
four lots intended to embrace all Of the
I original excess ia the square According
to that subdivision each of the four lots
contained 24,STJ feet
1t nov appears that there was a fur
Their excess of 1-2c feet in the land sub
divided by Cragin- Subsequently lot No.
1 of hot and
lot 5. The line between lots 3 and I has
been established by buildings on the di-
viding line
The owner of lot / is thus apparently
confined to 24-315 feet. leaving to be dis
posed of in lots I, 2, and 5 this excess Of
10 feet
The heirs of Smoot own lots and 2,
and TrimbIe owns lot , The heirs Of
Smoot represented by MesSrs. Gordon &
Gordon claim all Of this excess of 30
feet by right of possession; they thus
claim more than would be called for by
reference to the subdivision of Cragin as
lots ! and > They desire to erect one
building on their ground, and treating It
as one lot, they propose to subdivide by
metes and bounds describing the land as
part of SQUARE 1893 and not as lots and
| > Of the Cragin subdivision
I assume that the applicants for the
! subdivision are ready TO make the ueCes-
sary affidavit that no other person or per
! sons than themselves have any interest
! or claim therein, and that they ire in the
! peaceful occupation thereof, and that no
suits are peading affecting the title OF the
/ property.
There is only one place for the excess,
and that is either with the land of the
Snoot heirs 81 with Trimble- If the
Smoot heirs can make the affidavit re-
CURED by the regulations for their pro-
posed subdivision. ] am OF the opinion
that they are entitled to have the sub
division clearly show the frontage Of their
land and II seems TO me that the only
way TO accom- pIish this is to describe it as
part of square 10, ana by meteS ana
bounds rs they have described it
If MI. TTimbte claims any part OF
( this ground, that is not matter 10 be
settled upon this application. As 10 the
further question propouuded by the Sur
veyOT- Whether he could omit from the
certificate of subdivision prepared by
rim for the owner all reference TO the
component parts by record. of the front
age. proposed for subdivision
He applies the term certificate alike
to his certificate and the statement Of the
prcprietors making the subdivision, and
this question refers to the latter
Referring to the two pats of sub
division accom- pa nying these papers. Il
ground part Of square 1898 and by certain
metcs and bounFs, with such remarks as
the surveyor may GEen necessary Is the
proper certificate 70 be made in this case
1t is clear that the other plat proposed
to sUbdiyide lots I and OF the Cragin
subdivision would not embrace the lal<
proposed to be sIibdivided- The law re-
quiTes (Sec. as, r S. d. c. that the
Surveyor shall certify the plat of subdivi-
sion under his hand ans seal with such
remarks as appear to him necessary; and
his certificate appears to be the proper
place for such remarks as VIII account
for the excess of 120 feet