Keener v. Kauffman
Court of Appeals of Maryland
Appeal from the Superior Court for Baltimore County. Trespass quare, clausum fregit, brought on the 7th of December 1852, by the appellant against the appellee. Plea non cul., and defence on warrant. A warrant of re-survey was issued, and plats, containing the locations, made and returned, with testimony taken on the survey. It was then agreed that the plea of liberum tenementum, shall be conceded to have been pleaded by the defendant. Exception.
Read the full summary
Appeal from the Superior Court for Baltimore County. Trespass quare, clausum fregit, brought on the 7th of December 1852, by the appellant against the appellee. Plea non cul., and defence on warrant. A warrant of re-survey was issued, and plats, containing the locations, made and returned, with testimony taken on the survey. It was then agreed that the plea of liberum tenementum, shall be conceded to have been pleaded by the defendant. Exception. Much testimony, oral and documentary, was offered on both sides. It appears from it that the defendant had the paper title. The plaintiff proved…
1Opinion of the CourtTuck, J.
This is an action of trespass, quare clausum fregit, by the appellant against the appellee, which was tried on issues framed upon the pleas of non cul, and liberum tenementum. The defendant below has the paper title, the plaintiff claim*306ing by possession in himself, and those under whom he claims, for more than twenty years.
After the parties had offered much parol and documentary evidence, the plaintiff submitted three prayers, all of which Were refused by the judge below, who gave a verbal instruc'f.ioit.' The plaintiff excepted to the refusal of his prayers, but not to the direction as given…
2Cases cited4 opinions
- Hunter v. HattonCourt of Appeals of Maryland · 1846
- Matthews v. WardCourt of Appeals of Maryland · 1839
- Dorsey v. Dorsey's HeirsCourt of Appeals of Maryland · 1813
- Clary v. GrimesCourt of Appeals of Maryland · 1841
3Cited by6 opinions
- Burgess & Commissioners v. StocksdaleCourt of Appeals of Maryland · 1902
- Delaware Land & Development Co. v. First & Central Presbyterian ChurchSupreme Court of Delaware · 1929
- Maryland Coal & Realty Co. v. EckhartCourt of Special Appeals of Maryland · 1975
- Munsey v. HanlySupreme Judicial Court of Maine · 1907
- Fall v. FallSupreme Judicial Court of Maine · 1905
1 more not listed; retrieve them via the Exa API.