Hoxton v. Archer
Court of Appeals of Maryland
Appead from Harford County Court. This was an action of Ejectment, brought by the appellants, on the 21st February, 1829, against John Archer, Herman Stump, and James Stephenson, the appellees, to recover an undivided interest, in a tract of land, called The Land of Promise. The defendants pleaded not guilty, arid took defence on warrant. The following statement of facts was submitted for the judgment of the court.
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Appead from Harford County Court. This was an action of Ejectment, brought by the appellants, on the 21st February, 1829, against John Archer, Herman Stump, and James Stephenson, the appellees, to recover an undivided interest, in a tract of land, called The Land of Promise. The defendants pleaded not guilty, arid took defence on warrant. The following statement of facts was submitted for the judgment of the court. “ It is agreed in this case, that Nathaniel Giles, died seized of the tract of land for which this suit is brought, some time in the year 1775, having first made his will, legally…
1Opinion of the Court
Buchanan, Ch. J.,
delivered the opinion of the court.
It is a general rule in the construction of wills, that a limitation, which may operate as a remainder, shall not be construed an executory devise; and we can perceive nothing in the devise of Nathaniel Giles to his five daughters of the premises, for an undivided part of which this suit was brought, to take it out of the operation of that rule.
If the devisees took estates in fee simple, as has been contended, as in strictness, a remainder cannot be limited after a fee simple, the limitation over might be construed to take effect by way of…
2Cited by5 opinions
- Marshall v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1905
- Turner v. WithersCourt of Appeals of Maryland · 1865
- Ray v. EnslinMassachusetts Supreme Judicial Court · 1799
- Mason v. JohnsonCourt of Appeals of Maryland · 1877
- Dengel v. BrownCourt of Appeals for the D.C. Circuit · 1893