Stewart's v. Jones
Court of Appeals of Maryland
Appeal from Somerset county court. This was an action of Ejectment for a tract of land called “ Dashiell’s Lot,” lying in Somerset county, containing seventeen hundred and forty acres, and a tract called “ Stevens’ Folly,” brought on the 26th August, 1833, by James Stewart, as lessor of the plaintiff against Robert Jones, of George, the tenant in possession.
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Appeal from Somerset county court. This was an action of Ejectment for a tract of land called “ Dashiell’s Lot,” lying in Somerset county, containing seventeen hundred and forty acres, and a tract called “ Stevens’ Folly,” brought on the 26th August, 1833, by James Stewart, as lessor of the plaintiff against Robert Jones, of George, the tenant in possession. The 1st count was for an entirety, the 2nd for an undivided moiety, and each was upon a demise from the 31st December, 1832. The defendant pleaded not guilty. At the trial of the cause, the plaintiff to support the issues on his part,…
1Opinion of the Court
.Stephen, Judge,
delivered the opinion of the court.
This action of Ejectment was instituted in the court below to .recover two tracts or parcels, of land called “ DashielVs *25Lot” and “ Slovens* Folly.'1'’ The declaration contained two counts, one for the entirety, the other for undivided moieties. The lessor of the plaintiff claims to recover as heir at common law, of a certain Alexander Stewart, who departed this life sometime in the year 1810. The land in controversy descended to Alexander, from his sister, Jane Stewart, who died seized thereof in the year 1797, intestate, and without issue,…
2Cited by3 opinions
- White v. Pines Community Improvement Ass'nCourt of Appeals of Maryland · 2008
- Roe v. DoeCourt of Appeals of Maryland · 1864
- Garner v. WoodCourt of Appeals of Maryland · 1889