Long v. Buchanan
Court of Appeals of Maryland
Appeal from the Circuit Court for Washington County. This was an action of trespass quare clausum fregit, brought by the appellee against the appellant and Simon Long and Hamilton Downes. The declaration charged that the defendants broke and entered the plaintiff's close, and took and carried away a quantity of corn, the property of the plaintiff.
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Appeal from the Circuit Court for Washington County. This was an action of trespass quare clausum fregit, brought by the appellee against the appellant and Simon Long and Hamilton Downes. The declaration charged that the defendants broke and entered the plaintiff's close, and took and carried away a quantity of corn, the property of the plaintiff. The defendants pleaded several pleas, one of which justified the entry, &c., by the allegation of a sale of the corn by the plaintiff, and a license from her to enter for the purpose of removing it. The question raised by this plea, was the only one…
1Opinion of the Court
"VVeisel, J.
delivered the opinion of this Court.
The appeal in this case is by one of three co-defendants in an action of trespass guare clausum fregit, the verdict and judgment being against him alone. The only exception in the case is to the granting by the Court below of the plaintiff’s prayers, and the refusal to grant the second, third and fourth prayers of the defendants. The first and third prayers of the plaintiff, in our judgment, were correctly granted. The second need not be passed upon, as Simon Long was not affected by the verdict and judgment. The principal defence was the leave…
2Cases cited2 opinions
- Barnes v. BarnesSupreme Court of Vermont · 1834
- Addison v. HackCourt of Appeals of Maryland · 1844
3Cited by6 opinions
- Lowes v. CarterCourt of Appeals of Maryland · 1915
- Dawson v. Western Maryland RailroadCourt of Appeals of Maryland · 1907
- Rogers v. CoxIndiana Supreme Court · 1884
- Meade v. DennistoneCourt of Appeals of Maryland · 1938
- Walsh v. TaylorCourt of Appeals of Maryland · 1874
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