Cockey v. Cole
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore County. This was an action of trover instituted on the 19 th of August, 1863, by the appellee against the appellants for the conversion of a crop of wheat.
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Appeal from the Circuit Court for Baltimore County. This was an action of trover instituted on the 19 th of August, 1863, by the appellee against the appellants for the conversion of a crop of wheat. At the trial, the plaintiff produced evidence to show that the crop of wheat in controversy was sown by him in the fall of 1862, while the land was in his possession and ownership, and that the same was cut in the summer of 1863, by Thomas T. Coekey, one of the defendants, and converted to the use of both. Evidence of the value of the wheat was also offered. The defendants then offered in…
1Opinion of the CourtAlvey, J.
There is but one exception in this case, and that raises the single question as to the admissibility of the record offered as evidence for the defendants in the Court below. While on the part of the appellants it is contended, that the record offered, containing proceedings of a Court of general and competent jurisdiction, should have been admitted as evidence by the Court below, it is contended, on the part of the appellee, that the proceedings were eoram non judiee, and that the sale shown to have been made by Horwitz to the defendant, Thomas T. Cockey, was absolutely void; and, being so,…
2Cases cited2 opinions
- Thompson v. TolmieSupreme Court of the United States · 1829
- McCabe v. WardCourt of Appeals of Maryland · 1862
3Cited by24 opinions
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- Langyher v. Patterson & BashSupreme Court of Virginia · 1883
- Barrick v. HornerCourt of Appeals of Maryland · 1893
- Trayhern v. ColburnCourt of Appeals of Maryland · 1886
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