Stanton v. Lapp
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany County (Henderson, J.). Plaintiff’s 2nd Prayer.—If the jury find from the evidence that within three years before the bringing of this suit by the plaintiff the defendant entered upon and with pieles and shovels and force and arms made deep and damaging excavations upon, and removed soil and earth from, the land and premises described in the lease in evidence, and the declaration or upon and from any part of said land, or premises,…
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Appeal from the Circuit Court for Allegany County (Henderson, J.). Plaintiff’s 2nd Prayer.—If the jury find from the evidence that within three years before the bringing of this suit by the plaintiff the defendant entered upon and with pieles and shovels and force and arms made deep and damaging excavations upon, and removed soil and earth from, the land and premises described in the lease in evidence, and the declaration or upon and from any part of said land, or premises, of which the jury shall find the plaintiff was in possession under said lease, and described in the declaration and…
1Opinion of the CourtBriscoe, J.
This is an action of trespass quare clausum fregvt brought in the Circuit Court for Allegany County, by the appellee against the appellant. The declaration contains but one count, and it avers, in substance, that the defendant broke into and entered the plaintiff’s close, situate in the town of Frostburg, in Allegany County, and did great damage thereon, excavated the ground appurtenant, destroyed the access of the plaintiff to an alley, broke open the cellar door, interfered with and damaged the trade, business and occupation of the plaintiff, and other damage and injury to the plaintiff’s…
2Cases cited16 opinions
- Baltimore & Ohio Railroad v. BoydCourt of Appeals of Maryland · 1887
- McNamee v. MinkeCourt of Appeals of Maryland · 1878
- Baltimore City Passenger Railway Co. v. TannerCourt of Appeals of Maryland · 1900
- Corner v. MackintoshCourt of Appeals of Maryland · 1878
- Burgess & Commissioners v. StocksdaleCourt of Appeals of Maryland · 1902
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3Cited by2 opinions
- Didier v. MerrymanCourt of Appeals of Maryland · 1911
- Pulliam v. Dyck-O'Neal, Inc.Court of Special Appeals of Maryland · 2019