Houck v. Loveall
Court of Appeals of Maryland
Appeal from the Circuit Court for Carroll county. Trespass q. c.f., by the appellants against the appellee, for breaking and entering their close, called u Brown's First Attempt." Pleas, non cul. and limitations and defence on warrant. Issues were joined and a warrant of resurvey issued, under which locations were made and plats returned.
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Appeal from the Circuit Court for Carroll county. Trespass q. c.f., by the appellants against the appellee, for breaking and entering their close, called u Brown's First Attempt." Pleas, non cul. and limitations and defence on warrant. Issues were joined and a warrant of resurvey issued, under which locations were made and plats returned. The patent of u Brown's First Attempt," located by the plaintiffs, was granted upon a warrant of resurvey, and begins at the beginning of the whole tract called u Rockland Enlarged," and runs thence a given course and distance to the end of the third line of…
1Opinion of the CourtTuck, J.
If the defendant below had counter-located the location, by the plaintiff, of “ Brown’s First Attempt,” the ruling of the court would have been correct, for the reasons assigned in the exception. But we think there was no controversy as to the true locatipn of the patent for that tract, and that it ought to have been received in evidence. The certificate accompanying the plat does not verify the papers called explanations, purporting to contain the defendant’s locations and counter-locations. These are separate from the plat, not referred to in the certificate, nor signed by the sheriff and…
2Cases cited2 opinions
- Funk v. HughesCourt of Appeals of Maryland · 1847
- Mitchell's Lessee v. MitchellCourt of Appeals of Maryland · 1849
3Cited by2 opinions
- Marquardt v. PapenfuseCourt of Special Appeals of Maryland · 1992
- Clary v. KimmellCourt of Appeals of Maryland · 1862