Thistle v. Frostburg Coal Co.
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany county. Ejectment by the appellants against the appellee, for a tract of land in Allegany county, being lot No. 3,978, one of the military lots westward of Fort Cumberland. Plea, non cul. Exception.
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Appeal from the Circuit Court for Allegany county. Ejectment by the appellants against the appellee, for a tract of land in Allegany county, being lot No. 3,978, one of the military lots westward of Fort Cumberland. Plea, non cul. Exception. The plaintiffs offered in evidence the patent for the J.ot, the will of the patentee, Murdock, devising it to his wife, in fee, and a conveyance from her, dated the 10th of May 1830, to George Thistle, who died intestate in 1847, leaving the plaintiffs, his children and heirs at law. The defendant then proved, by Moses Rawlings, that he was sheriff of…
1Opinion of the CourtMason, J.
This is an appeal in an action of ejectment. The plaintiff having shown a'perfect title upon paper, rested his case. The defendant places his.claim to title to the lands in controversy, upon1 the evidence of possession set out in the record, and relied upon' under the act of 1852, chap. 177, sec. 2. Our first duty then is, to ascertain the meaning and legal effect of this section. The provision in question is, “actual enclosure shall not be necessary to prove possession^ but acts of user and ownership other than enclosure, may be given in evidence to the jury to prove possession.”
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