Mitchell v. Mitchell
Court of Appeals of Maryland
Appeal from the Circuit Court for Charles county. Trespass for mesne profits, brought by the appellant against appellee, on the 11th of February 1854, after a recovery in ejectment. The declaration claims the profits of the tract of land called “Myrtle Grove,” from the 1st of January 1842, till the commencement of the suit. Pleas: — 1st, non cuh; 2nd, non cul. infra tres annos; and 3rd, actio non accrevit infra tres annos. ' Upon which issues were joined. Is* Exception.
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Appeal from the Circuit Court for Charles county. Trespass for mesne profits, brought by the appellant against appellee, on the 11th of February 1854, after a recovery in ejectment. The declaration claims the profits of the tract of land called “Myrtle Grove,” from the 1st of January 1842, till the commencement of the suit. Pleas: — 1st, non cuh; 2nd, non cul. infra tres annos; and 3rd, actio non accrevit infra tres annos. ' Upon which issues were joined. Is* Exception. Tire plaintiff proved, that the defendant took possession of “Myrtle Grove” some time in the year 1841, and remained in…
1Opinion of the CourtMason, J.
The plaintiff, to show the annual profits of the land, offered to prove by Mr. Jenkins, who lived upon the adjoining farm, the amount of net profits which his farm yielded. This testimony was objected to, and rejected by the court, and this forms the first exception. This testimony, a majority of the court are of opinion, was properly refused for the reason assigned, upon an analogous point, by this court, in the case of Keedy vs. Newcomer, 1 Md. Rep., 251, namely, “that it is no very unusual thing, that thriving and industrious farmers find themselves neighbors to those who are not so…
2Cases cited4 opinions
- Baltimore & Susquehanna Rail Road v. WoodruffCourt of Appeals of Maryland · 1853
- Crawford v. BerryCourt of Appeals of Maryland · 1834
- Ewalt v. GraySupreme Court of Pennsylvania · 1837
- West v. StigarCourt of Appeals of Maryland · 1767
3Cited by6 opinions
- Worthington v. HissCourt of Appeals of Maryland · 1889
- Van Ruymbeke v. Patapsco Industrial ParkCourt of Appeals of Maryland · 1971
- Tongue v. NutwellCourt of Appeals of Maryland · 1869
- Edwards v. Lee's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1936
- Croston v. McVickerWest Virginia Supreme Court · 1915
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