Legal Opinion

Preston v. Evans

Court of Appeals of Maryland

Decided June 29, 1881PublishedCited by 6 opinions

Appeal from the Circuit Court for Allegany County. The case is stated in the opinion of the Court. First Exception sufficiently stated in the opinion of the Court. Second, Third, Fourth and Fifth Exceptions, not passed upon hy the Court.

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Appeal from the Circuit Court for Allegany County. The case is stated in the opinion of the Court. First Exception sufficiently stated in the opinion of the Court. Second, Third, Fourth and Fifth Exceptions, not passed upon hy the Court. Sixth Exception. — The plaintiff offered six prayers, the third and sixth of which are omitted, as not having been passed upon by this Court; the others are as follows: 1. That if the jury shall believe from the evidence, that William Barnes died, seized and possessed of the land mentioned in the plaintiff’s declaration, and by his last will and…

1Opinion of the CourtAlvey, J.

This was an action of ejectment instituted by the present appellant, on the 8th day of December, 1879, apainst the appellee, to recover certain lands in Garrett County. The case was removed to the Circuit Court for Allegany County, and upon the trial there certain bills of exceptions were taken by the appellant, upon which the questions arise that this Court is now called upon to decide.

As the exceptions to the rulings of the Court below upon the prayers offered by the respective parties present the main questions of the case, we shall first consider those ; leaving the questions upon the…

2Cases cited7 opinions

  1. Martin v. DwellyCourt for the Trial of Impeachments and Correction of Errors · 1830
  2. Jackson, ex dem. Clowes v. VanderheydenNew York Supreme Court · 1819
  3. Burton v. MarshallCourt of Appeals of Maryland · 1846
  4. Beall's Lessee v. HolmesCourt of Appeals of Maryland · 1824
  5. Morris v. HarrisCourt of Appeals of Maryland · 1850

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Brashears v. CollisonCourt of Appeals of Maryland · 1955
  2. Long v. LongCourt of Appeals of Maryland · 1884
  3. Wadkins v. WatsonTexas Supreme Court · 1893
  4. Hungerford v. HungerfordCourt of Appeals of Maryland · 1960
  5. Baumeister v. SilverCourt of Appeals of Maryland · 1904

1 more not listed; retrieve them via the Exa API.

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