Funk's Lessee v. Kincaid
Court of Appeals of Maryland
Appeal from Baltimore county court. Ejectment by the appellant against the appellees, for a certain lot of ground in the city of Baltimore. Plea, non cut. Exception.
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Appeal from Baltimore county court. Ejectment by the appellant against the appellees, for a certain lot of ground in the city of Baltimore. Plea, non cut. Exception. The plaintiff in support of his title offered: — - 1st, a deed of the lot, dated 5th of February 1800, from John Miller to Rebecca Mordecai, daughter of Isaac Mordecai. 2nd, a deed of the same lot, dated the 14th of February 1846, from John E. Hinchman, and Rebecca Hinchman, his wife, to Funk, the lessor of the plaintiff, lie also proved, that the said Rebecca, named in the first deed, and the said Hinchman, lived together as man…
1Opinion of the CourtEccleston, J.
The bill of exceptions presents questions arising upon two prayers asked by the plaintiff, and upon objections made by him to the admissibility of the testimony of Harris and Heighe, two witnesses on the part of the defendants. But the objection to the testimony of Heighe has been waived; and we will proceed, first, to consider the questions presented by the prayers.
They both assert the principle, that in an ejectment suit the defendant is estopped from denying the title of the lessor of the plaintiff, where the defendant came into possession of the premises as tenant of a party' who has…
2Cases cited3 opinions
- Blight's Lessee v. RochesterSupreme Court of the United States · 1822
- Crawford v. BrookeCourt of Appeals of Maryland · 1846
- Dement v. StonestreetCourt of Appeals of Maryland · 1851
3Cited by6 opinions
- Nicholson v. StateCourt of Appeals of Maryland · 1873
- Spencer v. TraffordCourt of Appeals of Maryland · 1875
- Tizer v. TizerCourt of Appeals of Maryland · 1932
- Andre v. BodmanCourt of Appeals of Maryland · 1859
- Koehne v. HarveyDistrict of Columbia Court of Appeals · 1946
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