Mitchell's Lessee v. Mitchell
Court of Appeals of Maryland
This is an action to recover a tract of land called Myrtle Grove, situate in Charles county. The appellant produced no patent for the land, but relied upon his possession, as admitted in a statement of facts agreed to by the parties.
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This is an action to recover a tract of land called Myrtle Grove, situate in Charles county. The appellant produced no patent for the land, but relied upon his possession, as admitted in a statement of facts agreed to by the parties. According to this statement, Francis J. Mitchell obtained possession of Myrtle Grove, (which, it is admitted, is correctly located on the plots,) in 1817, and held the same till the time of his death, in 1825; and, immediately after his death, his son, James D. Mitchell, his devisee, entered upon and possessed the land until his death, in 1837. Immediately after…
1Opinion of the Court
Le Grand, C. J.,
pronounced the opinion of the court.
This action of ejectment was instituted in Charles county court, to recover a tract of land called “Myrtle Grove;” and the questions which this court is called upon to decide, arise out of the refusal of the county court, to give the instructions asked for by the plaintiff, and the instruction which the court did give.
The facts on which the court pronounced were agreed upon, and are as follows: “That the tract of land called “Myrtle Grove,” is correctly located on the plots, and as located, was possessed by Francis J. Mitchell, from 1817, to…
2Cases cited2 opinions
- Smith ex dem. Teller v. LorillardNew York Supreme Court · 1813
- Wilson v. InloesCourt of Appeals of Maryland · 1840
3Cited by6 opinions
- Peck v. HeurichSupreme Court of the United States · 1897
- Bradshaw v. AshleySupreme Court of the United States · 1901
- Joseph v. BonaparteCourt of Appeals of Maryland · 1912
- Bradshaw v. AshleyCourt of Appeals for the D.C. Circuit · 1899
- Peck v. HeurichCourt of Appeals for the D.C. Circuit · 1895
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