Georges Creek Coal & Iron Company's Lessee v. Detmold
Court of Appeals of Maryland
Appeal from Allegany county court. This is an action of ejectment, instituted 27th September 1849, by the appellant, to recover a tract of land in Allegany county, called “Commonwealth.”
Read the full summary
Appeal from Allegany county court. This is an action of ejectment, instituted 27th September 1849, by the appellant, to recover a tract of land in Allegany county, called “Commonwealth.” The single question in this case, to be decided by the court, was whether a deed bearing date 13th December 1845, executed by the plaintiff to William Band, Edward Whitehouse and John Alexander; and conveying to them in trust, the land in controversy, was a bar to the plaintiff’s recovery ? The title of the plaintiff until the date of that deed, is not controverted, and every other point which the record…
1Opinion of the Court
Le Grand, C. J.,
pronounced the opinion of the court.
The first exception having been abandoned, the only question for this court to determine, is, — did the deed of the 13th day of December 1845, deprive the lessor of the plaintiff of the title necessary to sustain an action of ejectment?
It is conceded by the form of the prayer, that if this deed does not bar the right of recovery, that it still exists.
By the deed the locus in quo was conveyed to the grantees, subject however to a proviso, to use the language of the instrument: “provided, nevertheless, and it is declared to be the true intent…
2Cases cited1 opinion
- Newall v. WrightMassachusetts Supreme Judicial Court · 1807
3Cited by17 opinions
- Willis v. Eastern Trust & Banking Co.Supreme Court of the United States · 1898
- Williams v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1934
- Adams v. ParaterCourt of Appeals of Maryland · 2001
- Calvary Presbyterian Church v. Presbytery of Baltimore of United Presbyterian ChurchCourt of Special Appeals of Maryland · 1978
- Bank of Commerce v. OwensCourt of Appeals of Maryland · 1869
12 more not listed; retrieve them via the Exa API.