Legal Opinion

Morrill v. Gelston's Lessee

Court of Appeals of Maryland

Decided June 2, 1871PublishedCited by 1 opinion

Appeal from the Superior Court of Baltimore City. Ejectment instituted by the appellee against the appellants, to try the title to and obtain possession of a lot of ground on Lombard street, in the city'of Baltimore. Plea “ not guilty” and issue thereon.

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Appeal from the Superior Court of Baltimore City. Ejectment instituted by the appellee against the appellants, to try the title to and obtain possession of a lot of ground on Lombard street, in the city'of Baltimore. Plea “ not guilty” and issue thereon. Exception: At the trial of the cause, the lessor of the plaintiff to sustain the issue on his part, offered in evidence to the jury the admission of the defendants by their counsel in open Court, that the premises described in the declaration had been duly granted by the State of Maryland, by patent, and that by regular transfer of title from…

1Opinion of the CourtStewart, J.

Three exceptions were taken by the appellants to the evidence introduced on the part of the lessor of the plaintiff below, and have been brought up for review in this appeal. The first exception is to the admission of the proceedings in the Superior Court of Baltimore city, in the matter of Hugh Gelston vs. William M. Willis, because, as alleged, they were had under a special jurisdiction not shewn upon their face.

The application to the Superior Court, on the part of Gelston, was to foreclose the mortgage he held against Wi,lilis, referred to in the proceedings. The mortgage contained clauses…

2Cases cited2 opinions

  1. Cockey v. ColeCourt of Appeals of Maryland · 1868
  2. Black v. CarrollCourt of Appeals of Maryland · 1866

3Cited by1 opinion

  1. Preston v. EvansCourt of Appeals of Maryland · 1881

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