Hurn's Lessee v. Soper
Court of Appeals of Maryland
Error to Anne Arundel county court. .This was an action,of ejectment to recover part of a tract of land called Smith’s Desire, containing 135 acres.
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Error to Anne Arundel county court. .This was an action,of ejectment to recover part of a tract of land called Smith’s Desire, containing 135 acres. The general issue was pleaffecL 1. A* the,trial the plaintiff' offered in evidence the patent o£ Smith’s Desire, granted to Edward Smith on the 1st of August 1686, and .proved, that Richard Fish was in possessioii of the land, for which-this action is brought, for twenty years, and died seized thereof, and that on his death he, left a widow, Sarah Fish, a mother, Harriet Tucker, and a-sister of the half blood, Harriet Gambrill, (the lessor of…
1Opinion of the Court
Buchanan, Ch. J.
delivered the opinion - of the court ’ This case comes before us on three bills of exceptions. The first presents the question, whether the enrolment of a deed of bargain and sale, is competent evidence of title, to lands in the trial of an action of ejectment, or whether tire original must be produced? The court before whom the cause was tried, decided that it was, and that the original need not be produced; and it is certainly too latent this day, to question the correctness of that decision. Copies' of deeds that are not required to be enrolled, cannot be admitted in…
2Cited by5 opinions
- Wilson, Close & Co. v. PritchettCourt of Appeals of Maryland · 1904
- Christopher v. ChristopherCourt of Appeals of Maryland · 1886
- Davis v. HamblinCourt of Appeals of Maryland · 1879
- Stouffer v. AlfordCourt of Appeals of Maryland · 1910
- Airey v. AireyCourt of Appeals of Maryland · 1930