Helms's Lessee v. Howard
Court of Appeals of Maryland
EJECTMENT for all that tract of land called Cole’s Harbour, lying in Baltimore county, containing 350 acres. The defendant took defence for Lunn’s Lot. The Jury found a verdict for the defendant. At the trial of the cause nine bills of exceptions were taken. First exception.
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EJECTMENT for all that tract of land called Cole’s Harbour, lying in Baltimore county, containing 350 acres. The defendant took defence for Lunn’s Lot. The Jury found a verdict for the defendant. At the trial of the cause nine bills of exceptions were taken. First exception. The plaintiff, to maintain the issue on his part, and to make title to the part of the tract of land called Cole’s Harbour, located on the plat for his pretensions, produced a deed from Charles Carroll to the lessor of the plaintiff, of the 8th of October, 1753, reciting, that he was authorized by the will of Daniel…
1Opinion of the Court
The Court, refused to give the direction to the Jury prayed by the plaintiff’s counsel, because in the first part of the prayer they impliedly request the Court to restrict the Jury to the testimony offered by the plaintiff, only with respect to Charles Carroll’s dying seised of Cole’s Harbour; because the testimony produced by the plaintiff to prove the seisin aforesaid may be believed by the Jury, although they may not believe that fact to be supported by the testimony; and because the Court are of opinion, that the testimony produced by the defendant to controvert the fact of Charles…
2Cited by12 opinions
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- Baltimore City Passenger Railway Co. v. WilkinsonCourt of Appeals of Maryland · 1869
- Boyd v. JohnsonCourt of Appeals of Maryland · 1924
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