Rogers' Lessee v. Raborg
Court of Appeals of Maryland
Appeal from Baltimore County Court. Ejectment for a tract of land called Widow’s Assistance.” The declaration contained a count on the demise of Philip Rogers, the lessor of the plaintiff, on the 1st of February, 1822, for fifteen years. The defendant, the appellee, appeared, entered into the common rule, took defence on warrant, and pleaded not guilty, to which issue was joined. A warrant of resurvey issued, and plots were returned.
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Appeal from Baltimore County Court. Ejectment for a tract of land called Widow’s Assistance.” The declaration contained a count on the demise of Philip Rogers, the lessor of the plaintiff, on the 1st of February, 1822, for fifteen years. The defendant, the appellee, appeared, entered into the common rule, took defence on warrant, and pleaded not guilty, to which issue was joined. A warrant of resurvey issued, and plots were returned. The defendant took defence for a tract of land called, “ Deep Point.” 1. At the trial, the plaintiff read in evidence to the jury, the patent for the tract of…
1Opinion of the Court
Buchanan, Ch. J.,
delivered the opinion of the Court.
This case is brought before us on three bills of exception taken at the trial; the first of which is to the refusal of the Court to permit a deposition, which was offered in evidence, to be read to the jury.
It is a settled rule of evidence in this State, that if a person who has been regularly sworn, and examined on the ground, upon a survey executed in an action of ejectment, dies before the cause is tried, or leaves the State, and goes to parts unknown, and without the reach of the process of the State, so that his attendance as a witness…
2Cited by7 opinions
- Stewart v. MayCourt of Appeals of Maryland · 1909
- Contee v. StateCourt of Appeals of Maryland · 1962
- MatthewsCourt of Appeals of Maryland · 1863
- Baltimore Consolidated Railway Co. v. State Ex Rel. O'DeaCourt of Appeals of Maryland · 1900
- Thomas v. StateCourt of Special Appeals of Maryland · 1976
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