Warner v. Miltenberger's Lessee
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City : The appellee iu this case instituted an- action of ejectment in the Superior Court of Baltimore City, on the 15th of June 1848, to recover an undivided moiety of certain grounds in-said city,.described in the declaration, basing his claim upon a clause in the will of George Warner, which, with a statement of the material facts of the ease, is set forth in the opinion of this Court.
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Appeal from the Superior Court of Baltimore City : The appellee iu this case instituted an- action of ejectment in the Superior Court of Baltimore City, on the 15th of June 1848, to recover an undivided moiety of certain grounds in-said city,.described in the declaration, basing his claim upon a clause in the will of George Warner, which, with a statement of the material facts of the ease, is set forth in the opinion of this Court. After all the evidence on both sides had been given' to' the jury, the plaintiff offered two prayers, the first of which was not objected to by the defendant. By…
1Opinion of the CourtBartol, J.
The decision of this case depends upon the true construction of the following clause in the last will of George Warner, late of Baltimore City:
“I give, devise and bequeath to my grandchildren, George and Catharine Miltenbergor, their heirs and assigns forever, as tenants in common, my two lots of ground lying on the east and west sides of Leadenhall street, in ‘Ridgely’s Addition ’ to Baltimore town, (now city.)”
The testator died in 1829. The will bears date March 3rd, 1827, with a codicil dated June 20th, 1829, and was admitted to probate in July 1829,
The lessor of the plaintiff is grandson…
2Cases cited2 opinions
- Walston's Lessee v. WhiteCourt of Appeals of Maryland · 1853
- Hanson v. Campbell's LesseeCourt of Appeals of Maryland · 1863
3Cited by19 opinions
- Geoghegan Sons & Co. v. Arbuckle Bros.Supreme Court of Virginia · 1924
- Montauk Corp. v. SeedsCourt of Appeals of Maryland · 1958
- Ditton v. HartIndiana Supreme Court · 1911
- Walters v. C., R. I. & P. R.Supreme Court of Iowa · 1875
- First National Bank v. Burton, Parsons & Co.Court of Special Appeals of Maryland · 1984
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