Cole v. Hebb
Court of Appeals of Maryland
Appeal from St. Mary’s County court. This was an action of beflevin, commenced by George Guylher as the executor of Wm. Guyther, against the appellant Benjamin G. Cole, on the first of February 1833, for negroes Maria and her issue. The death of George Guyther being suggested, the present appellee, as the admit. d. b. non of William, appeared, and became a party to the suit.
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Appeal from St. Mary’s County court. This was an action of beflevin, commenced by George Guylher as the executor of Wm. Guyther, against the appellant Benjamin G. Cole, on the first of February 1833, for negroes Maria and her issue. The death of George Guyther being suggested, the present appellee, as the admit. d. b. non of William, appeared, and became a party to the suit. The defendant pleaded property, non cepit, and limitations, to which there were issues. 1. At the trial the plaintiff offered as a witness Ann Guyther, the widow of William; and upon the objection, being made, that she…
1Opinion of the CourtDorsey, Judge
We entirely concur with the County court, in overruling the objection to Ann Guyther’s testimony, which forms the basis of appeal on the first bill of exceptions. We can discover no weight in the various grounds urged by the appellant, against its admissibility. We also approve of the courts refusing to grant the appellant’s first prayer, in his second bill of exceptions. In granting the prayer the County court must assume the truth of all the facts of which the appellee had offered testimony, legally sufficient to warrant the jury in finding them, which are not inconsistent with the facts,…
2Cited by16 opinions
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- Moyer v. JustisCourt of Appeals of Maryland · 1910
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