Budd v. Brooke
Court of Appeals of Maryland
Appeal from Charles county court. This was an action of Ejectment brought on the 15th May 1838, by the appellees against the appellant.
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Appeal from Charles county court. This was an action of Ejectment brought on the 15th May 1838, by the appellees against the appellant. The plaintiffs declared for nineteen undivided twentieth parts of a tract of land called “Nonesuch,” beginning at a bounded hickory standing on the south side of Chickamuxan creek, the original boundary of Nonesuch, and running thence with the lines of the tract of land called “Nonesuch,” corrected from the original grant of Nonesuch to the year 1800; south sixty-four degrees forty-two minutes west,forty perches; then north fifty-one degrees forty-eight…
1Opinion of the CourtDorsey, J.
The court below was right in rejecting the appellant’s prayer in the first bill of exceptions. Instead of its specifying the parts of the testimony, to which the objection was intended to apply, the court was called upon to reject it in mass. If any pait of it, therefore, was admissible, for the purpose for which it was offered, the court, in overruling the prayer, committed no error. Where an entire prayer, made to the court, is good in part, and bad in part, that is, which the court ought to grant in part, and in like manner refuse, had the subject matter been properly divided, and a…
2Cases cited2 opinions
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Moore v. Bank of the MetropolisSupreme Court of the United States · 1839
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- Moore ex rel. Moore v. McDonaldCourt of Appeals of Maryland · 1888
- Taylor v. FombySupreme Court of Alabama · 1897
- Campbell v. PorterSupreme Court of the United States · 1896
- Horner v. BeasleyCourt of Appeals of Maryland · 1907
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