Koechlept v. Hook's Lessee
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany county. Ejectment by the appellee against the appellant, for a lot in the town of Cumberland. Plea non cut. 1st Exception. The plaintiff offered evidence showing a prima facie legal title to the lot in 'himself, and there rested his case.
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Appeal from the Circuit Court for Allegany county. Ejectment by the appellee against the appellant, for a lot in the town of Cumberland. Plea non cut. 1st Exception. The plaintiff offered evidence showing a prima facie legal title to the lot in 'himself, and there rested his case. The defendant then, to show title out of the plaintiff, offered in evidence a judgment of a justice of the peace, dated the 13th of March 1848, in a suit by Casper GIos against Rezin Y. Hook and John L. Hook, appearing upon its face ’to have been confessed by “one of the defendants,” a ft. fa. thereon, issued…
1Opinion of the Court
Mason J.,
delivered the opinion of this court.
It seems that a judgment had been rendered against one *178only, without specifying which, of two defendants, in a suit before a justice of the peace; that an execution was subsequently issued against both, and the real estate of one only, namely, the present appellee, was seized and sold. The constable returned the proceedings to the county court, under the act of 1831, ch. 290, and notice was duly served upon the appellee, to show cause why the sale should not be ratified. This he did not do, but suffered the sale to be ratified and confirmed,…
2Cited by2 opinions
- Kartman v. MilimanCourt of Appeals of Maryland · 1924
- Hodges v. RobbinsCourt of Appeals of Texas · 1900