Nesbit v. Manro ex rel. Warfield
Court of Appeals of Maryland
Appeal from Washington County Court. On the 19th March 1834, Alexander Manro, sued out a scire facias, reciting that he by judgment of said court in 1822, recovered against a certain James Prather, as well the sum of &c. as &c.; that execution still remained, &c., commanding the sheriff of said county to make known, &c., “unto the terre tenant or terre tenants of all the lands and tenements in his ■bailiwick, whereof the said James Prather, on the 29th day of November 1822,…
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Appeal from Washington County Court. On the 19th March 1834, Alexander Manro, sued out a scire facias, reciting that he by judgment of said court in 1822, recovered against a certain James Prather, as well the sum of &c. as &c.; that execution still remained, &c., commanding the sheriff of said county to make known, &c., “unto the terre tenant or terre tenants of all the lands and tenements in his ■bailiwick, whereof the said James Prather, on the 29th day of November 1822, or ever afterwards, was seized; that he, she or they, be and appear,” at March term 1834, of said court, &c. This writ…
1Opinion of the CourtChambers, J.
Whether the scire facias against a terre tenant be an original proceeding, or a continuation of a former proceeding, on which point there is some obscurity in the authorities, we think the amendment was properly allowed under the circumstances of this case, so as to make the writ conform to the directions of the attorney, whose instructions are satisfactorily proved.
We are of opinion however, that the judgment of the court below, is not warranted by the amended scire facias.
The sevrefacias is in the nature of a declaration, and it should *266contain upon its face, such a statement of facts, as…
2Cited by7 opinions
- Hanley v. DonoghueCourt of Appeals of Maryland · 1883
- Bowie v. NealeCourt of Appeals of Maryland · 1874
- Hall v. ClagettCourt of Appeals of Maryland · 1885
- Bish v. WilliarCourt of Appeals of Maryland · 1883
- State ex rel. Nesbitt v. LoganCourt of Appeals of Maryland · 1870
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