Thomas' Lessee v. Godfrey
Court of Appeals of Maryland
Appeal from Anne Arundel County Court. Ejectment for a tract of land called “the Valley of Owen,” commenced by Allen Thomas, the lessor of the plaintiff, against the appellees, Samuel Godfrey and others, on the 29th March,’ 1826. The defendants pleaded not guilty, and took defence on warrant. A warrant of resuryey issued and plots were returned.
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Appeal from Anne Arundel County Court. Ejectment for a tract of land called “the Valley of Owen,” commenced by Allen Thomas, the lessor of the plaintiff, against the appellees, Samuel Godfrey and others, on the 29th March,’ 1826. The defendants pleaded not guilty, and took defence on warrant. A warrant of resuryey issued and plots were returned. Defence was taken for the whole of the tract of land called “Stout,” as located by them on the plots; for the tract called “ West llchester,” as located by them upon the plots; for the tract called Caleb’s Vineyard,” as located by them; for the tract…
1Opinion of the Court
Buchanan, Cli. J.,
delivered the opinion of the court.
The action was brought for a tract of land called “ The Valley of Owen,” and the question is, how that land should be located, which depends upon the construction of the patent. That the construction of a grant falls peculiarly within the province of the court, and is not a matter proper to he submitted to a jury, except in a case of latent ambiguity, is a principle too long and too well established, now to he disputed in this court. What then is the construction proper to be given to the patent for “ The Valley of Owen ?” The expressions…
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