Davis v. Furlow's Lessee
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany County. This was an action of Ejectment brought by the appellee against the appellant. Such of the facts as are material to the case presented by the appeal, are stated in the opinion of the Court. The plaintiff offered seven prayers, all of which, except the first and second, were rejected by the Court below, (Weiskl, J,,) and no appeal was taken from such rejection.
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Appeal from the Circuit Court for Allegany County. This was an action of Ejectment brought by the appellee against the appellant. Such of the facts as are material to the case presented by the appeal, are stated in the opinion of the Court. The plaintiff offered seven prayers, all of which, except the first and second, were rejected by the Court below, (Weiskl, J,,) and no appeal was taken from such rejection. Tlie two prayers which were granted are a's follows: 1st. The plaintiff, by his counsel, prays the Court to instruct the jury, that if they shall find from the evidence in the cause,…
1Opinion of the CourtBartol, J.
The questions for decision on this appeal arise upon the prayers. The suit was brought on the 20th of March, 1860. The appellee was plaintiff below, and claimed title to the land in controversy, under a patent from the State granted to John Hoye, on the 30th of March, 1841, and a deed from Hoye’s executor, dated the 13th of March, 1860. There is no dispute about locations, and under the patent and deed, it being admitted in the cause that Hoye’s executor had power to convey ; the paper title is in the plaintiff. The defence to the action rests upon a claim by adversary possession, and to…
2Cases cited4 opinions
- La Frombois v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1826
- New York Life Insurance v. FlackCourt of Appeals of Maryland · 1852
- Mutual Safety Insurance v. CohenCourt of Appeals of Maryland · 1846
- Joseph Cresap's Lessee v. HutsonCourt of Appeals of Maryland · 1850
3Cited by11 opinions
- Tamburo v. MillerCourt of Appeals of Maryland · 1953
- Freed v. Cloverlea Citizens Ass'nCourt of Appeals of Maryland · 1967
- Wanex v. HurstCourt of Appeals of Maryland · 1947
- Kershner v. Kershner's LesseeCourt of Appeals of Maryland · 1872
- Supreme Builders, Inc. v. RedmilesCourt of Appeals of Maryland · 1968
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