Funk v. Hughes
Court of Appeals of Maryland
Appeal from Washington County Court. This was an action of trespass upon the case brought on the 27th January, 1844, by the appellee against the appellant. The appellee declared for a reversionary interest in land leased out by her.
Read the full summary
Appeal from Washington County Court. This was an action of trespass upon the case brought on the 27th January, 1844, by the appellee against the appellant. The appellee declared for a reversionary interest in land leased out by her. The appellant was the owner of a mill below the demised premises, on a stream which flowed through both tracts, and increasing the height of his dam, forced the water out of its natural and customary channels back upon her estate, and flooded a spring and destroyed a ford across the stream. And also for cutting down divers trees upon her leased land, &c. The…
1Opinion of the Court 1
Dorsey, J.,
delivered his opinion as follows:
In an action of trespass quare clausum, fregit, or in any action where the location of land is necessary to elucidate the matters in controversy, the issuing of a warrant of resurvey, on the application of either plaintiff or defendant, will be ordered by the court, and the surveys and locations to be made under the warrant are, for the most part, the same with those which are made in an action of ejectment, except that they are not the pleadings in the cause; the issue is not joined on the plats; but the plats are used by way of evidence and…
Also in this document: Opinion of the Court · Magruder.
2Cited by2 opinions
- Warren Manufacturing Co. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1913
- Houck v. LoveallCourt of Appeals of Maryland · 1855