Boothe v. Dorsey
Court of Appeals of Maryland
Appeal from Saint Mary’s County Court. On the 21st May 1835, the appellee sued out a writ of scire; facias, reciting, that at August term 1812, the lessee of Clement Dorsey, by the judgment of the same court, recovered against a certain George Boothe, his term, &c., in and unto all that tract of land called Hopton Park, which the said Clement had demised, &e.; And whereas, also, in the said court on the first Monday of March 1817, it was considered, that the said, &c.,…
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Appeal from Saint Mary’s County Court. On the 21st May 1835, the appellee sued out a writ of scire; facias, reciting, that at August term 1812, the lessee of Clement Dorsey, by the judgment of the same court, recovered against a certain George Boothe, his term, &c., in and unto all that tract of land called Hopton Park, which the said Clement had demised, &e.; And whereas, also, in the said court on the first Monday of March 1817, it was considered, that the said, &c., lessee as aforesaid, should have his execution against Jane Boothe terre tenant of George Boothe, for his possession, &c. The…
1Opinion of the CourtArcher, J.
This was an action to revive a judgment in ejectment, against the terre tenants of George Boothe, recovered, as is alleged by Clement Dorsey’s lessee, against George Boothe, in Saint Mary’s county court, for a tract of land called Iloplon Park. The defendant pleaded nul tiel record of the judgment against George Boothe.
*252The correctness of the judgment of the court below on the issue joined, is not brought before us upon this appeal; but it is a question of the admissibility of the proof in evidence, from the docket entries of March term 1825, that a scire facias had been issued upon the flat,…
2Cited by1 opinion
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