Dennis' Lessee v. Kelso
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore County, An action of ejectment was instituted in the Circuit Court for Baltimore county, on the 16th of July, 1861. The declaration counted on a demise from Benjamin M. Dennis, for seventeen acres and thirty square perches of land on the Harford Turnpike, in Baltimore county. The notice by the casual ejector was addressed to Thomas Kelso.
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Appeal from the Circuit Court for Baltimore County, An action of ejectment was instituted in the Circuit Court for Baltimore county, on the 16th of July, 1861. The declaration counted on a demise from Benjamin M. Dennis, for seventeen acres and thirty square perches of land on the Harford Turnpike, in Baltimore county. The notice by the casual ejector was addressed to Thomas Kelso. The order to the Sheriff, endorsed on the copy issued, was “to be served on tenants in possession, if no tenant, to be set up on the most conspicuous part of the premises, at any time before the commencement of the…
1Opinion of the CourtStewart, J.
A majority of the Judges who sat in this case, are of opinion that the motion to dismiss the appeal must be overruled, on the authority of the decisions of the Court, in the cases of Green vs. Hamilton, 16 Md. Rep., 317; Graff & Gambrill vs. Merchants and Miners’ Transportation Company, 18 Md. Rep., 364, and Henderson & Ross vs. Gibson, Garn. of Johnson, 19 Md. Rep., 234.
Upon the merits, the order appealed from is correct. The action of ejectment, being a proceeding founded in fiction, to enable a party to recover the possession of land, has been fashioned by the Courts to subserve the ends…
2Cases cited4 opinions
- Green v. HamiltonCourt of Appeals of Maryland · 1860
- Graff v. Merchants & Miners Transportation Co.Court of Appeals of Maryland · 1862
- Henderson v. GibsonCourt of Appeals of Maryland · 1862
- Klinefelter's Lessee v. CareyCourt of Appeals of Maryland · 1831