Mitchell's Lessee v. Mitchell
Court of Appeals of Maryland
Appeal from Charles county court. This was an action of ejectment instituted by the appellant for twenty-one tracts of land particularly named in the declaration. The appellee, the defendant, being tenant in possession, took defence on warrant. Upon the execution of the warrant of resurvey, the plaintiff located as his claims and pretensions, four of the twenty-one tracts, viz: “ Mitchell's Lot,” “Wheeler's Rest,” “Mitchell's Lot Resurveycd ,” and “ Wheeler's Addition.”
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Appeal from Charles county court. This was an action of ejectment instituted by the appellant for twenty-one tracts of land particularly named in the declaration. The appellee, the defendant, being tenant in possession, took defence on warrant. Upon the execution of the warrant of resurvey, the plaintiff located as his claims and pretensions, four of the twenty-one tracts, viz: “ Mitchell's Lot,” “Wheeler's Rest,” “Mitchell's Lot Resurveycd ,” and “ Wheeler's Addition.” He also located a parcel of land described in the explanation of the surveyor as “ all that part of “ Wheeler's Rest ” which…
1Opinion of the CourtDorsey, C. J.
Before an opinion can'be formed as to the correctness of the court’s rejection of testimony, as shown in the plaintiff’s first bill of exceptions, it is necessary to ascertain what was the character and object of the testimony rejected. The plaintiff having produced a duly authenticated certificate of a tract of land called “Mason’s Amendment,” (in support of his locations upon tho plots,) for the purpose of proving the second boundary of “Stanley Enlarged” to be identical with the beginning of “ Ward’s Delight,” for the purpose of sustaining his location of the second and third lines of…
2Cited by1 opinion
- Houck v. LoveallCourt of Appeals of Maryland · 1855