Legal Opinion

Hamilton v. Ely

Court of Appeals of Maryland

Decided June 15, 1846PublishedCited by 8 opinions

Appeal from the Court of Chancery. The bill in this cause was filed on the 31st July 1845, by Hugh Ely, Joseph J. Speed, John Johnson and J. N. Steele, and alleged, that they are seized in their demesne, as of fee, as tenants in common of a certain tract of land lying and being partly in Howard district, and partly in Baltimore county, called “Eliy's Chance," which was patented to the said Hugh Ely, by patent bearing date the 6th day of July 1830 ; that David Lemmon, Ephraim…

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Appeal from the Court of Chancery. The bill in this cause was filed on the 31st July 1845, by Hugh Ely, Joseph J. Speed, John Johnson and J. N. Steele, and alleged, that they are seized in their demesne, as of fee, as tenants in common of a certain tract of land lying and being partly in Howard district, and partly in Baltimore county, called “Eliy's Chance," which was patented to the said Hugh Ely, by patent bearing date the 6th day of July 1830 ; that David Lemmon, Ephraim Hamilton, and Elias Hamilton, co-operating and confederating together, and acting jointly, have entered upon said…

1Opinion of the CourtSpence, J.

The bill in this case charges, that the complainants were seized in their demesne, as of fee, as tenants in common of a certain tract of land containing thirty-one and one-quarter acres, more or less, lying and being partly in Howard district, and partly in Baltimore county, called Ely's Chance. That the respondents, “co-operating and confederating together, and acting jointly, have entered upon said tract of land and cut down large quantities of wood, and quarried large quantities of limestone, and that they are continuing to cut down wood and quarry stone ; and as the complainants believe,…

2Cases cited1 opinion

  1. Amelung v. SeekampCourt of Appeals of Maryland · 1838

3Cited by8 opinions

  1. White v. FlannigainCourt of Appeals of Maryland · 1852
  2. Cherry v. SteinCourt of Appeals of Maryland · 1858
  3. Shipley v. RitterCourt of Appeals of Maryland · 1855
  4. Whalen v. DalashmuttCourt of Appeals of Maryland · 1883
  5. Carney v. HadleySupreme Court of Florida · 1893

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