Legal Opinion

Warner v. Hardy

Court of Appeals of Maryland

Decided December 15, 1854PublishedCited by 15 opinions

Appeal from the Circuit Court for Howard county. Ejectment, by the appellees against the appellant, for a tract of land lying in said county, described in the declaration by metes and bounds, containing two hundred and three and a quarter acres, more or less. The nar counts on two demises to James G. Hardy, the nominal plaintiff, the first from Charles H. Hardy and others, and the second from Evan D. and Ormond Hammond. Plea, non cul. and defence on title. ls£ Exception.

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Appeal from the Circuit Court for Howard county. Ejectment, by the appellees against the appellant, for a tract of land lying in said county, described in the declaration by metes and bounds, containing two hundred and three and a quarter acres, more or less. The nar counts on two demises to James G. Hardy, the nominal plaintiff, the first from Charles H. Hardy and others, and the second from Evan D. and Ormond Hammond. Plea, non cul. and defence on title. ls£ Exception. The plaintiffs having traced title to the lands in dispute to Eden Hammond, who died in possession thereof in 1834, leaving…

1Opinion of the CourtTuck, J.

Three objections were taken to the admissibility of the deed of 24th December 1850, all of which were properly ruled against the defendant below.

A certified copy of an instrument required by law to be' recorded, proves itself as prima facie evidence of all circumstances necessary to give it validity. 6 H. & J., 234, Craufurd vs. State. Ante, 78, Barry vs. Hoffman.

Upon the question of residence of the grantors, we do not perceive that there is any difference in principle between this and the case of Carroll vs. Tyler, 2 H. & G., 57, where it was decided that the acknowledgment of a receipt was…

2Cases cited12 opinions

  1. Baltimore & Susquehanna Rail Road v. WoodruffCourt of Appeals of Maryland · 1853
  2. Leopard v. Chesapeake & Ohio Canal Co.Court of Appeals of Maryland · 1843
  3. Mitchell v. SellmanCourt of Appeals of Maryland · 1853
  4. Hollingsworth v. M'DonaldCourt of Appeals of Maryland · 1806
  5. Stewart v. SpeddenCourt of Appeals of Maryland · 1853

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3Cited by15 opinions

  1. Harmon v. State Roads CommissionCourt of Appeals of Maryland · 1966
  2. Shenton v. AbbottCourt of Appeals of Maryland · 1940
  3. Friend v. HamillCourt of Appeals of Maryland · 1871
  4. Thistle v. Frostburg Coal Co.Court of Appeals of Maryland · 1856
  5. Tamburo v. MillerCourt of Appeals of Maryland · 1953

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