Cookey's Lessee v. Smith
Court of Appeals of Maryland
Appeal from Baltimore county court. Ejectment for a tract of land called Franklin’s Neglect and Cockey’s Discovery, lyinp; in Baltimore county.
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Appeal from Baltimore county court. Ejectment for a tract of land called Franklin’s Neglect and Cockey’s Discovery, lyinp; in Baltimore county. The defendant, (now appellee,) took defence on warrant, and plots were made. ■ 1. The plaintiff at the trial gave in evidence the certificate and'patent of a tract of land called Franklin’s Neglect and Cockey’s Discovery, surveyed on the 14th of January 1802, for, and granted to, John Cockey, the lessor of the plaintiff, on the 23d of April 1803. He also gave in evidence that the said tract of land is truly located by him, as his claim and…
1Opinion of the Court
Chase; Ch. J.
delivered the o’pinlori of the court. In actions of ejectment to recover the possession of land, it is incumbent on the plaintiff to show a grant of the land from the proprietary. To pt-otfe such grant life must produce the patent, or a copy under seal. This is the general rule, and must be generally adhered to, because there can be no recovery in ejectment without Showing a legal title in the plaintiff, which cannot be done without producing a grant from the proprietary.. The cases in which this general rule has been deviated from, and in which secondary evidence has been…
2Cited by3 opinions
- Johnson v. TimmonsTexas Supreme Court · 1878
- Bradshaw v. AshleySupreme Court of the United States · 1901
- Joseph v. BonaparteCourt of Appeals of Maryland · 1912