Rogers v. Moore
Court of Appeals of Maryland
Appeal from Baltimore County Court. Ejectment for a tract of land called Orange. Defence was taken on warrant, and plots were returned, by which it appeared that the defendant took defence for Carter’s Delight. Plea, non cul. and issue.
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Appeal from Baltimore County Court. Ejectment for a tract of land called Orange. Defence was taken on warrant, and plots were returned, by which it appeared that the defendant took defence for Carter’s Delight. Plea, non cul. and issue. At the trial the plaintiff, (the appellant,) read in evidence the patent of Orange, granted the 31st of October 1751, to Charles Carroll, of Annapolis, and others, one of the courses of which is described as bounding on Copus’s Harbour, and running thence reversely N. W. by N. 40 perches, until it intersects the given line of Mounteney’s Neck, then reversing…
1Opinion of the CourtStephen, J.
The sole question in this case is as to the beginning of the tract of land called Carter’s Delight, which is stated in the patent to begin *‘at a bounded red oak, standing nineteen perches to the south ®f the main road, and at the end of the first.line of a tract of *146.land called Mountainess,” which tract is sometimes called Mount envy’s Neck. The appellant contends that the call is an imperative one, and that Carter’s Delight must begin at the end of that line, and that the jury are not at liberty to find from the evidence, the true beginning of that tract at any other place, although they…
2Cited by2 opinions
- Baltimore & Ohio Railroad v. State ex rel. ChambersCourt of Appeals of Maryland · 1895
- Clarke v. Lancaster's LesseeCourt of Appeals of Maryland · 1872