Legal Opinion

Minke's Lessee v. McNamee

Court of Appeals of Maryland

Decided March 11, 1869PublishedCited by 4 opinions

Appeal from the Circuit Court for Allegany County. This was an action of ejectment brought by the appellant to recover certain land which he had purchased from the Trustee in insolvency of- Henry J. McNamee. Notice was sent to Henry J. McNamee, as the tenant in possession, who came in and appeared under leave of the Court.

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Appeal from the Circuit Court for Allegany County. This was an action of ejectment brought by the appellant to recover certain land which he had purchased from the Trustee in insolvency of- Henry J. McNamee. Notice was sent to Henry J. McNamee, as the tenant in possession, who came in and appeared under leave of the Court. Then Daniel Wineow and Ellen, his wife, and William McNiell and Savilla, his wife, filed their petition, alleging that Wineow and wife owned one-sixth of the legal title, and one-fifth of one-sixth, and McNiell and wife one-sixth and one-fifth of one-sixth, and asked leave…

1Opinion of the CourtAlvey, J.

The right of the alleged co-parceners to appear and take upon themselves the defence of the cause to the extent of certain undivided interests in the premises sued for, being resisted, as appears from the record, the question of their right so to appear is properly presented, although there was no bill of exception taken by the plaintiff. The proceeding by which such parties were admitted all fully appear of record, and is in no manner dependent upon extrinsic matter, such as would require a bill of exception to introduce, to enable this Court to take cognizance of the question, and to fully…

2Cited by4 opinions

  1. McNamee v. MinkeCourt of Appeals of Maryland · 1878
  2. National 4-H Club Foundation of America, Inc. v. ThorpeCourt of Special Appeals of Maryland · 1974
  3. Whittle v. ArtisU.S. Circuit Court for the District of Southern Ohio · 1893
  4. Godfrey v. RowlandHawaii Supreme Court · 1906

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