Bryan's Lessee v. Harvey
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany County. Ejectment for part of “Elysiansylvaniaj’’ brought July 29th, 1855, by the appellant against the appellee.
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Appeal from the Circuit Court for Allegany County. Ejectment for part of “Elysiansylvaniaj’’ brought July 29th, 1855, by the appellant against the appellee. Plea nop, cul. and defence on warrant. 1st Exception: Both parties claimed under the same grantors, Riddle and others, who were the owners of two contiguous tracts of land; one “Elk Garden,” patented to Abraham Yan Bibber, July 1st, 1802, on a common proclamation warrant, containing five thousand four hundred and twenty-one acres, more or less; the other, part of a tract called “Elysiansylvania,” the patent for the whole of which,…
1Opinion of the Court
Tuck, J.,
delivered tire opinion of this court J
At the trial of this cause, the defendant—the present appellee—offered in evidence a deed from Riddle and others to himself, prior in date to that under which the plaintiff claimed the land in dispute, but not recorded within six months, and, to bring his defence within the Act of 1831, ch. 304, he offered to show that when Bryan purchased his part of “Rlysiansylvania,,y he knew that Harvey had purchased “Elk Garden,” but there is no evidence that he had any knowledge of a conflict between the lines of the two tracts; and he also offered proof…
2Cases cited1 opinion
- Mundell v. PerryCourt of Appeals of Maryland · 1830
3Cited by7 opinions
- Bell v. StateCourt of Appeals of Maryland · 1881
- State v. HopkinsMontana Supreme Court · 1923
- State ex rel. Hardy v. GleasonOregon Supreme Court · 1890
- Wood v. HildebrandCourt of Appeals of Maryland · 1945
- Barchowsky v. Silver Farms, Inc.Court of Special Appeals of Maryland · 1995
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