Morgan v. Bitzenberger
Court of Appeals of Maryland
Appeal from Frederick county court. This was an action of assumpsit, brought on 25th February 1843, by the appellee against the appellant. The plaintiff declared in indebitatus assumpsit, in the sum of, &c., for certain land and premises, bargained, sold and conveyed by the plaintiff to the defendant, at his request, &c. The defendant pleaded non assumpsit. The jury found a verdict for the plaintiff.
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Appeal from Frederick county court. This was an action of assumpsit, brought on 25th February 1843, by the appellee against the appellant. The plaintiff declared in indebitatus assumpsit, in the sum of, &c., for certain land and premises, bargained, sold and conveyed by the plaintiff to the defendant, at his request, &c. The defendant pleaded non assumpsit. The jury found a verdict for the plaintiff. In this case, the plaintiff to sustain the issue on his part joined, offered in evidence, by parol, to the jury, that the tract of land and premises, with the appurtenances, to recover the…
1Opinion of the CourtSpence, J.
This was an action of assumpsit, brought by defendant in error against plaintiff in error, to recover the purchase money for a tract of land sold and conveyed by appellant, by deed of conveyance, and possession delivered to appellant. The appellant pleaded non assumpsit.
The defendant in error, to maintain the issue on his part, offered evidence to the jury of the sale of the land and premises; the execution of the deed, to the plaintiff in error; and of his possession of the land from the time of sale. The defendant in error also offered evidence to the jury, that at the time of the execution…
2Cases cited2 opinions
- Wolfe v. HauverCourt of Appeals of Maryland · 1843
- Patapsco Insurance v. SmithCourt of Appeals of Maryland · 1824
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- Murray v. RevellPennsylvania Court of Common Pleas · 1899