Legal Opinion

Burke v. Chamberlain's Lessee

Court of Appeals of Maryland

Decided November 17, 1864PublishedCited by 2 opinions

Appeal from tbe Circuit Court for Baltimore County: Ejectment brought by the appellee against tbe appellants, August tbe 10th 1854, to recover an undivided moiety of a parcel of land lying in the said county, and containing about one hundred and sixty acres, the same being part of two tracts, called respectively “Edward’s and Will’s Valleys” and “Hill’s and the Enlargement.” The defendant appeared, entered into the consent rule and confessed lease entry and ouster.

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Appeal from tbe Circuit Court for Baltimore County: Ejectment brought by the appellee against tbe appellants, August tbe 10th 1854, to recover an undivided moiety of a parcel of land lying in the said county, and containing about one hundred and sixty acres, the same being part of two tracts, called respectively “Edward’s and Will’s Valleys” and “Hill’s and the Enlargement.” The defendant appeared, entered into the consent rule and confessed lease entry and ouster. Plea non cul, and defence on warrant. At the trial of the cause, by agreement filed, the defence on warrant was waived, and it…

1Opinion of the CourtBowie, J.

The lands in controversy are claimed by the appellee as heir at law of John C. B. Boone, and by the appellants as his devisees, or persons holding under them. The lessor of the plaintiffs is the grandson of Boone, and son of Prudence, the daughter of Elizabeth Hall, his lawful wife. The defendant, Eattle, claims under Stephen Parlot Boone, brother of the defendant Eleanor, which *306Stephen and Eleanor were tbe natural children of said Boone, and claimed as his devisees.

Three bills of exceptions appear in the Becord. The third is but a recapitulation of the prayers and points presented by the…

2Cases cited2 opinions

  1. Ridgely v. BondCourt of Appeals of Maryland · 1862
  2. Fitzhugh v. McPhersonCourt of Appeals of Maryland · 1837

3Cited by2 opinions

  1. Robinson v. RandolphSupreme Court of Florida · 1885
  2. Doe, on the demise of Chamberlain v. OwingsCourt of Appeals of Maryland · 1869

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