Mundell v. Perry
Court of Appeals of Maryland
Appeal from Prince George’s County Court. Trespass quare clausum fregil, instituted by the appellees, against the appellant, Thomas Mundell, on the 9th of April, 1818. The declaration charged that the appellant on the .1st of April, in the year 1817, and on divers days between that day, and the day of impetrating the writ in this case ; the close of the said Hugh and Lloyd, called -, situate in the county aforesaid, broke, and entered, &c. and cut down the timber and other…
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Appeal from Prince George’s County Court. Trespass quare clausum fregil, instituted by the appellees, against the appellant, Thomas Mundell, on the 9th of April, 1818. The declaration charged that the appellant on the .1st of April, in the year 1817, and on divers days between that day, and the day of impetrating the writ in this case ; the close of the said Hugh and Lloyd, called -, situate in the county aforesaid, broke, and entered, &c. and cut down the timber and other trees, &c.” Pleas not guilty, and liberum tenementum. A warrant of resurvey was issued, without the name of the land to…
1Opinion of the Court
’ Martin, J.
delivered the opinion of the Court.
An action of trespass for breaking, and entering the close of the plaintiffs, and cutting down their trees, produced the appeal, that now becomes a subject of examination in this Court. * A warrant of resurvey was issued to the surveyor to locate such lands, as the parties deemed necessary, to explain their respective titles. Locations were made for both the plaintiffs and the defendant. But instead of placing their locations on one paper to give a distinct view of the whole, the surveyor returned one plot with the locations made for the…
2Cited by6 opinions
- Casey's Lessee v. InloesCourt of Appeals of Maryland · 1844
- Morrison v. Hammond's LesseeCourt of Appeals of Maryland · 1867
- Bryan's Lessee v. HarveyCourt of Appeals of Maryland · 1861
- Clary v. KimmellCourt of Appeals of Maryland · 1862
- Millar v. BowieCourt of Special Appeals of Maryland · 1997
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