Redemptorists v. Wenig
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. The case is stated in tlie opinion of the Court. Exception — The testimony being closed on both, sides, the plaintiff offered the five following prayers: 1. That by a true construction of the deed from Robert G-. Ware to the plaintiff, bearing date the 14th day of September, 1866, and offered in evidence, the land over and upon which the way for common use in said deed described was laid out, is the land of the plaintiff. 2. If the jury…
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Appeal from the Court of Common Pleas. The case is stated in tlie opinion of the Court. Exception — The testimony being closed on both, sides, the plaintiff offered the five following prayers: 1. That by a true construction of the deed from Robert G-. Ware to the plaintiff, bearing date the 14th day of September, 1866, and offered in evidence, the land over and upon which the way for common use in said deed described was laid out, is the land of the plaintiff. 2. If the jury shall find from the evidence that the plaintiff is possessed of the land described in the deed offered in evidence, and…
1Opinion of the Court
Robinson, O. J.,
delivered the opinion of the Court.
Ware, from whom both of the parties to this suit derive title, was the owner of a tract of land containing seventy-*353seven acres, fronting on the Trappe road, in Baltimore county. The lower part of this tract, binding on the Trappe road, he sold in 1866 to the appellee. The deed, after describing the land by metes and bounds, containing forty acres more or less, has the following clause or reservation:
“ Clear of a road thirty feet wide running from the end of forty-five perches on the sixth line,” etc., “ and also clear of the one-half of a…
2Cases cited1 opinion
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