Miller v. Miller
Court of Appeals of Maryland
Appeal from the Circuit Court for Frederick County. This was an action brought against the appellant on the 3rd of April, 1869, by.the appellee for trespass in breaking and entering his close, being part of a tract called “Last of March,” and cutting down and carrying away hickory and oak. trees. The locus in gw, which was unenclosed woodland, was described in the narr. by metes and hounds, and testimony was offered tending to show that said description was correct.
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Appeal from the Circuit Court for Frederick County. This was an action brought against the appellant on the 3rd of April, 1869, by.the appellee for trespass in breaking and entering his close, being part of a tract called “Last of March,” and cutting down and carrying away hickory and oak. trees. The locus in gw, which was unenclosed woodland, was described in the narr. by metes and hounds, and testimony was offered tending to show that said description was correct. The narr. was filed on the 1 Yth of September, 1869, and the trespass was alleged to have been committed on the 15th of…
1Opinion of the CourtGrason, J.
delivered the opinion of the Court. .
To the declaration in this case four pleas were filed ; to the second and third of which there was a demurrer, which was sustained by the Court, and it is contended that in this respect, there is error. The declaration alleged the title of the locus in quo to he in the plaintiff. The second plea is that at the time of the alleged trespass, or at any other time, the plaintiff had not exclusive possession of the premises, nor any possession. This was no answer to the averment of title in the plaintiff and the demurrer was properly sustained. The third plea…
2Cases cited1 opinion
- Gent v. LynchCourt of Appeals of Maryland · 1865
3Cited by14 opinions
- State v. FrazierCourt of Appeals of Maryland · 1984
- Keedy v. LongCourt of Appeals of Maryland · 1889
- Horner v. FrazierCourt of Appeals of Maryland · 1880
- Carter v. Maryland & Pennsylvania RailroadCourt of Appeals of Maryland · 1910
- Harris v. StateCourt of Appeals of Maryland · 1922
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