Addison v. Hack
Court of Appeals of Maryland
Appeal from Baltimore County Court. This was an action upon the case brought to the April term, 1841, of said court, by the appellee, against the appellant, to recover damages for diverting a rivulet out of its ancient channel, through the land of the plaintiff, whereby the plaintiff was deprived .of the use, &c. The defendant pleaded non cul., on which issue was joined. 1st. Exception.
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Appeal from Baltimore County Court. This was an action upon the case brought to the April term, 1841, of said court, by the appellee, against the appellant, to recover damages for diverting a rivulet out of its ancient channel, through the land of the plaintiff, whereby the plaintiff was deprived .of the use, &c. The defendant pleaded non cul., on which issue was joined. 1st. Exception. At the trial of this cause, the plaintiff, to support the issue on his part, read in evidence to the jury, subject to exceptions, a patent dated 10th May 1754, for a tract of land called “ Soldiers Delight,”…
1Opinion of the CourtDorsey, J.
The only question, discussed by the appellant’s counsel, and on which the opinion of this court was called for, on the first bill of exceptions was, whether, as the plaintiff had not located the patents and title papers of his land upon plots returned to the court, under a warrant of re-survey issued for that purpose, he could give such patents and title papers in evidence to the jury, and prove, that the grievance complained of, was perpetrated by the defendant in respect of those lands.
In an action relating to lands, if the defendant does not see fit to take defence on warrant, the…
2Cited by12 opinions
- Vogler v. GeissCourt of Appeals of Maryland · 1879
- Lake Roland Elevated Railway Co. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1893
- Zimmerman v. SummersCourt of Special Appeals of Maryland · 1975
- Mayor of Baltimore v. BrackCourt of Appeals of Maryland · 1939
- Brehm v. RichardsCourt of Appeals of Maryland · 1927
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