Legal Opinion

Doe v. Sussan

Court of Appeals of Maryland

Decided June 23, 1870PublishedCited by 5 opinions

Appeal from the Superior Court of Baltimore City. This was an action of ejectment brought by the appellant to recover possession of certain property, alleged to be leasehold, in the city of Baltimore. Both parties claimed under the will of one William Price, which was admitted to probate in October, 1831, and their respective titles depended on the construction of a clause in the will, which is set out fully in the opinion of this Court.

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Appeal from the Superior Court of Baltimore City. This was an action of ejectment brought by the appellant to recover possession of certain property, alleged to be leasehold, in the city of Baltimore. Both parties claimed under the will of one William Price, which was admitted to probate in October, 1831, and their respective titles depended on the construction of a clause in the will, which is set out fully in the opinion of this Court. The appellant was the administrator d. b. n. of Walter Price, a son and devisee of the testator, and the appellee was the tenant of one Amalia Kuhn, who had…

1Opinion of the CourtMiller, J.

The record shows that judgment was rendered and the exception signed in this case on the 5th of June, 1866. The appeal was taken on the 21st of the same month, and, being thus in time, the delay in the transmission of the record is presumptively the fault of the clerk and not of the appellant. The case does not come within the operation of the new rule on that subject, recently adopted by this Court, which took effect on the 1st of January, 1870, after the present record had been brought up. The fact that official copies of two documents, used in evidence and contained in the exception,…

2Cases cited6 opinions

  1. Newton v. GriffithCourt of Appeals of Maryland · 1827
  2. Biscoe v. BiscoeCourt of Appeals of Maryland · 1834
  3. Williams v. HolmesCourt of Appeals of Maryland · 1856
  4. Budd v. State ex rel. PoseyCourt of Appeals of Maryland · 1864
  5. Woodland v. WallisCourt of Appeals of Maryland · 1854

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Outland v. BowenIndiana Supreme Court · 1888
  2. Starr v. Minister & Trustees of the Starr Methodist Protestant ChurchCourt of Appeals of Maryland · 1910
  3. Craig v. CraigCourt of Appeals of Maryland · 1922
  4. Boyd v. BoydCourt of Special Appeals of Maryland · 1975
  5. Boyd v. BoydCourt of Special Appeals of Maryland · 1975

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