Prout v. Roby

APPEAL from the Supreme Court of the District of Columbia; in which court John Roby, asserting himself to be grandson and heir-at-law of a certain Jane Mallion, filed, A.D. 1865, a bill against Robert Prout (the now appellant), in order to have an account taken of rents received by him, the said Robert, from a lot on Capitol Hill, Washington, D. C., leased A.D. 1820, on a small ground-rent, by William Prout, ancestor of him, the said Robert, to one Porter 'in trust for the said Jane Mallion, her heirs and assigns,' with a right on the part of her and them to have, at any time, a conveyance in fee simple on payment of the principal of the rent; and on which lot (the said Jane dying A.D. 1852 intestate and leaving no personal representative) the said Robert Prout, without any such demand on the premises, of arrears of rent, as gave him a right of re-entry, had assumed to re-enter as for a common-law forfeiture; and the bill praying, moreover, in the event of certain findings, a conveyance in fee simple to him, the said John Roby, complainant.

Mr. Bradley, for the appellant; Mr. Totten, contra.

Mr. Justice SWAYNE stated the facts and delivered the opinion of the court.