Smith's Lessee v. Devecmon
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany County. This was an action of ejectment brought by John A. Smith, the appellant, against the heirs of Thomas Deveemon. The plaintiff claimed title under a patent issued March 1st, 1866, upon a special warrant of escheat, dated October 24th, 1862. The warrant was returned into the Land Office on the 19th of October, 1863, and on the 23d of the same month it was examined and passed, and the composition money paid.
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Appeal from the Circuit Court for Allegany County. This was an action of ejectment brought by John A. Smith, the appellant, against the heirs of Thomas Deveemon. The plaintiff claimed title under a patent issued March 1st, 1866, upon a special warrant of escheat, dated October 24th, 1862. The warrant was returned into the Land Office on the 19th of October, 1863, and on the 23d of the same month it was examined and passed, and the composition money paid. In the meantime, Thomas Deveemon, the ancestor of the defendant, had obtained a warrant of escheat for the same land, issued on the 14th of…
1Opinion of the CourtGbasoN, J.
The question presented for the consideration of this Court, arises upon the prayer of the appellant, which was rejected by the Court below. That question is, whether the title to the land in dispute in this cause, was vested in the appellant under the patent granted to him on the first day of March, 1866, under the authority and direction of the Act of 1866, ch. 93, or in Thomas Devecmon under the patent issued to him on the 25th day of September, 1863.
It was contended, on behalf of the appellees, that the Act of 1866, ch. 93, was void and of no effect, because it was an encroachment upon the…
2Cases cited2 opinions
- Wright v. Wright's LesseeCourt of Appeals of Maryland · 1852
- Hoye v. JohnstonCourt of Appeals of Maryland · 1844
3Cited by4 opinions
- Porter v. SchafferCourt of Special Appeals of Maryland · 1999
- Goodsell v. LawsonCourt of Appeals of Maryland · 1875
- Maryland Coal & Realty Co. v. EckhartCourt of Special Appeals of Maryland · 1975
- Koch v. Maryland Coal Co.Court of Appeals of Maryland · 1887