Jay v. Michael
Court of Appeals of Maryland
Appeal from the Circuit Court for Harford County. This was an action of ejectment brought by the appellants to recover possession of a narrow strip of land called “Horner’s Fishery,” containing about nine acres, situated in the lower part of Harford County, on Swan Creek, near its mouth, where.it empties into the Chesapeake Bay. The plaintiffs are the sons of the late John Jay, and nephews of Maria M. and Frenetta F. Smith.
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Appeal from the Circuit Court for Harford County. This was an action of ejectment brought by the appellants to recover possession of a narrow strip of land called “Horner’s Fishery,” containing about nine acres, situated in the lower part of Harford County, on Swan Creek, near its mouth, where.it empties into the Chesapeake Bay. The plaintiffs are the sons of the late John Jay, and nephews of Maria M. and Frenetta F. Smith. The Misses Smith died in i860, leaving the wills hereinafter referred to, and John Jay died in 1892. The evidence showed that at the time of their decease, the said aunts…
1Opinion of the CourtBoyd, J.
The appellants instituted an action of ejectment against the appellee for a tract of land known as “ Horner’s Fishery,” which was alleged in the declaration to be adjacent to a tract called “ Mould’s Success,” and is described by courses and distances. The plaintiffs claim under the wills of their aunts, Frenetta F. Smith and Maria M. Smith, who died in i860. They offered evidence tending to prove that Samuel G. Smith, a brother of the Misses Smith, was in possession of “ Horner’s Fishery ” at the time of his death in 1845, and that the Misses Smith then entered and took possession of *9the…
2Cases cited3 opinions
- Ahern v. WhiteCourt of Appeals of Maryland · 1874
- Elwood v. Lannon's LesseeCourt of Appeals of Maryland · 1867
- Winter v. WhiteCourt of Appeals of Maryland · 1889
3Cited by11 opinions
- Jay v. MichaelCourt of Appeals of Maryland · 1900
- Cadwalader v. PriceCourt of Appeals of Maryland · 1909
- Brown v. WhitefieldCourt of Appeals of Maryland · 1961
- Wanex v. HurstCourt of Appeals of Maryland · 1947
- Jay v. Van BibberCourt of Appeals of Maryland · 1902
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