Legal Opinion

Brown v. Brown

Court of Appeals of Maryland

Decided June 14, 1858Published

Appeal from the Circuit Court for Saint Mary’s county. Ejectment brought on the 24th of July 1852, by the appellants, heirs at law of Clement Brown, deceased, against the appellee, for the recovery of certain real estate, of which said Brown died seized. Plea, non cut.

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Appeal from the Circuit Court for Saint Mary’s county. Ejectment brought on the 24th of July 1852, by the appellants, heirs at law of Clement Brown, deceased, against the appellee, for the recovery of certain real estate, of which said Brown died seized. Plea, non cut. Exception.' The case was submitted to the court below upon a statement of facts, in which it was agreed that the land in controversy, called “Maiden Bower,” containing about one hundred acres, belonged to Clement Brown, who died in 1836, leaving a duly executed will, dated the 12th of December 1835, (a copy of which is filed as…

1Opinion of the CourtTuck, J.

This is an appeal from a judgment of the Circuit Court for St. Mary’s county, rendered upon a case stated, wherein the appellants sued the appellee, to recover certain land mentioned in the will of Clement Brown. The plaintiffs claimed as heirs at law of the deceased, and the defence was that this land had been effectively devised by the will, and “the only question was, whether, under said will, the land in controversy passed to any devisee mentioned in said will, or whether the said land was undisposed of by said will, and passed to the heirs at law of said Clement Brown?”

That the testator…

2Cases cited4 opinions

  1. Mitchell v. MitchellCourt of Appeals of Maryland · 1844
  2. Wilson v. FarquharsonCourt of Appeals of Maryland · 1853
  3. Dougherty v. Monett's LesseeCourt of Appeals of Maryland · 1833
  4. Tongue v. CrissyCourt of Appeals of Maryland · 1855

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