Smith v. Wood
Court of Appeals of Maryland
Appeal from the Circuit Court for Frederick County. This is an action of replevin, brought by the appellee ’ against the appellant. The defendant pleaded four pleas, viz.: 1st. Non cepit. 2d. Property in defendant, as administrator of William Smith, deceased. 3d. Property in William Smith, deceased. And 4th. Property in William Smith, at the time of his death.
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Appeal from the Circuit Court for Frederick County. This is an action of replevin, brought by the appellee ’ against the appellant. The defendant pleaded four pleas, viz.: 1st. Non cepit. 2d. Property in defendant, as administrator of William Smith, deceased. 3d. Property in William Smith, deceased. And 4th. Property in William Smith, at the time of his death. On these pleas, issues were joined, and the verdict was for the plaintiff, with one cent damages, in the following words: “ That the said Washington Smith took the above-mentioned goods and chattels, in manner and form, as the said J.…
1Opinion of the CourtBrent, J.
This is an action of replevin brought by the appellee in his own right, to recover certain goods .and chattels from the appellant. The pleas are non cepit, property in the defendant as administrator of William Smith, deceased, and property in William Smith in his lifetime. The verdict and judgment being against the defendant, he prosecuted his appeal to this Court.
In the course of the trial an unusual number of exceptions was taken, and as we are required by a special law to decide all questions raised upon an appeal, we will *296express our opinion upon each point presented by this very…
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