Dorothy v. Hillert
Court of Appeals of Maryland
Appeal from the Commissioner of the Land Office. The appellant obtained from the Land Office, on the 7th of September 1854, a special warrant of survey to take up a small tract of vacant land lying on the north side of Severn river, in Anne Arundel county. All the preliminary steps were duly taken for the obtention of a patent, but the appellee filed a caveat to the granting of the same, and testimony was taken before a justice of the peace, in support thereof.
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Appeal from the Commissioner of the Land Office. The appellant obtained from the Land Office, on the 7th of September 1854, a special warrant of survey to take up a small tract of vacant land lying on the north side of Severn river, in Anne Arundel county. All the preliminary steps were duly taken for the obtention of a patent, but the appellee filed a caveat to the granting of the same, and testimony was taken before a justice of the peace, in support thereof. This testimony shows that the land claimed as a vacancy had been in possession of those under whom Hillert claims for more than a…
1Opinion of the CourtEccleston, J.
It has been the long established practice in the Land Office, (as insisted upon by the appellant’s counsel,) when a caveat is filed, if the case be doubtful in its character, to grant the patent. This rule was adopted because, in the event of a decision adverse to the caveatee, he would be excluded from an opportunity of having his rights examined and decided upon by any other tribunal j whilst permitting the patent to issue would leave both parties in a condition to have a full and fair trial respecting the title to the property in contest. But although this may be true in regard to cases of…
2Cited by1 opinion
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