Klinefelter's Lessee v. Carey
Court of Appeals of Maryland
Appeal from Baltimore County Court. On the 9th of September, 1818, Michael Klinefelter’s lessee, (the present appellant,) brought an Ejectment for a tract, or parcel of land in Baltimore County, called Lot No. 191, against one Solomon Richards, the tenant in possession. The following statement of the case is taken from the opinion of the Judge, who pronounced the decision of this court.
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Appeal from Baltimore County Court. On the 9th of September, 1818, Michael Klinefelter’s lessee, (the present appellant,) brought an Ejectment for a tract, or parcel of land in Baltimore County, called Lot No. 191, against one Solomon Richards, the tenant in possession. The following statement of the case is taken from the opinion of the Judge, who pronounced the decision of this court. This action of Ejectment was instituted to September terra, 1818, when the tenant in possession failing to appear, judgment was rendered against the casual ejector, and a, writ of habere facias possessionem…
1Opinion of the CourtStephen, J.
After making the statement before set forth, he said,-the question whieh presents itself to this court is, whether the Court" below were warranted in striking out the judgment, which was entered upon the tenants failing to appear, after such a lapse of time, and permitting the proceedings to take place, which were subsequently adopted.
In all our researches, we have not been able to discover a single decision or precedent, which would countenance or sanction such a procedure. Wherever a judgment in ejectment has been stricken out, upon the'tenants failing to appear, it has always been one of…
2Cases cited1 opinion
- Jackson ex dem. Rosekrans v. StilesNew York Supreme Court · 1804
3Cited by4 opinions
- Green v. HamiltonCourt of Appeals of Maryland · 1860
- Amey v. MarshaelCourt of Appeals of Maryland · 1885
- Dennis' Lessee v. KelsoCourt of Appeals of Maryland · 1868
- Doe v. ScottCourt of Appeals of Maryland · 1871