Cole v. Hynes
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore County. The case is stated in the opinion of the Court. By the 14th section of Article 51, Maryland Code, it is declared: “But no justice of the peace shall have jurisdiction in actions where the title to land is involved.” The very nature of the cause of action in this case, shows that the title to land is “involved.” The action is for the purchase money of land sold hy the appellees to the appellant.
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Appeal from the Circuit Court for Baltimore County. The case is stated in the opinion of the Court. By the 14th section of Article 51, Maryland Code, it is declared: “But no justice of the peace shall have jurisdiction in actions where the title to land is involved.” The very nature of the cause of action in this case, shows that the title to land is “involved.” The action is for the purchase money of land sold hy the appellees to the appellant. To sustain this action the plaintiff must show affirmatively that she has a good title to the land, and must show a tender of the deed. Owings vs.…
1Opinion of the CourtGrason, J.
This action was instituted before a justice of the peace in Baltimore County, and judgment was rendered in favor of the plaintiffs, and an appeal therefrom was taken to the Circuit Court of said county. A motion was then made hy the defendant, for the reversal of the judgment upon the ground, as was alleged in the motion, that it appeared “ on the face of the cause of action on which the judgment was rendered, that the justice of the peace rendering the the same, had no jurisdiction of said cause of action, inasmuch as the title to land is involved in said case.” The motion was overruled, and…
2Cases cited3 opinions
- Herzberg v. AdamsCourt of Appeals of Maryland · 1874
- Mears v. RemareCourt of Appeals of Maryland · 1870
- Ragan v. GaitherCourt of Appeals of Maryland · 1841
3Cited by19 opinions
- Green v. StateCourt of Appeals of Maryland · 1936
- Josselson v. SonnebornCourt of Appeals of Maryland · 1909
- Owens v. Wilmer Ex Rel. Eastern Shore Trust Co.Court of Appeals of Maryland · 1917
- Lambros v. BrownCourt of Appeals of Maryland · 1945
- Montgomery Ward & Co. v. HerrmannCourt of Appeals of Maryland · 1948
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