Matthews v. Ward
Court of Appeals of Maryland
Appeal from Anne. Arundel County Court. This was an action of Ejectment, commenced on the 12tk August 1837, by Sarah Ward, Smith Boston and others, lessors of the plaintiif, against Henry Matthews, the tenant in possession, for a lot in the city of Annapolis.
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Appeal from Anne. Arundel County Court. This was an action of Ejectment, commenced on the 12tk August 1837, by Sarah Ward, Smith Boston and others, lessors of the plaintiif, against Henry Matthews, the tenant in possession, for a lot in the city of Annapolis. The defendant appeared and pleaded not guilty, and the parties agreed upon the following statement of facts: It is admitted in this case, that at and prior to the-20th of October 1817, Leonard Scott and Sarah Scott his wife, were seized in fee simple of the lot and premises in the declaration in this action mentioned, and being so…
1Opinion of the CourtArcher, J.
It is contended by the appellant, that the deed from Scott and wife to Price is a deed of feoffment; and as such, the legal title of the property vested by the statute of uses in John Henry Scott in fee; that the remainder over as being too remote was void, and that upon the death of John Hervry Scott without heirs, the property of course became liable to escheat.
If by the words of the deed and the intention of the parties we could construe this as a deed of feoffment, there would arise no objection to such a result, from an absence of evidence of livery of seizin. The ancient law on the…
2Cases cited1 opinion
- Jackson ex dem. Smith v. PierceNew York Supreme Court · 1807
3Cited by14 opinions
- Dugan v. GittingsCourt of Appeals of Maryland · 1845
- Colvin v. WarfordCourt of Appeals of Maryland · 1863
- Porter v. SchafferCourt of Special Appeals of Maryland · 1999
- Burgess & Commissioners v. StocksdaleCourt of Appeals of Maryland · 1902
- Brown v. ReederCourt of Appeals of Maryland · 1908
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