Clary v. Kimmell
Court of Appeals of Maryland
Appeal from the Circuit Court for Frederick County. Trespass, q. c.f., brought June 23rd, 1853, by the appellant against the appellee. The amended nar. is for breaking and entering the closes of the plaintiff, called “Friendship,” “Dispute Continued” and “Partnership.” Plea not guilty and defence on warrant. A warrant of survey was issued and locations were made for both parties, but no’ counter-locations were made on either side.
Read the full summary
Appeal from the Circuit Court for Frederick County. Trespass, q. c.f., brought June 23rd, 1853, by the appellant against the appellee. The amended nar. is for breaking and entering the closes of the plaintiff, called “Friendship,” “Dispute Continued” and “Partnership.” Plea not guilty and defence on warrant. A warrant of survey was issued and locations were made for both parties, but no’ counter-locations were made on either side. The plats'were returned with the certificate of the sheriff and surveyor, but no' table of the courses and distances of the various tracts located, appears upon the…
1Opinion of the CourtGoldsborough, J.
An action of trespass for breaking and entering the closes of the plaintiff, now appellant, and cutting down his trees, resulted in the appeal which becomes the subject-for our consideration.
The plaintiff declared for a trespass on a tract of land, formerly called ííCulloden,” now called “'Partnership,” and one other close, called the resuryey on, “Drummine,” in Frederick county.
The defendant pleaded not guilty, and took defence on warrant. A warrant of resurvey was issued, and locations were made for both the plaintiff and defendant. At a subsequent term, the plaintiff obtained leave to…
2Cases cited3 opinions
- Budd v. BrookeCourt of Appeals of Maryland · 1845
- Mundell v. PerryCourt of Appeals of Maryland · 1830
- Houck v. LoveallCourt of Appeals of Maryland · 1855
3Cited by2 opinions
- Mendes v. De CovaHawaii Supreme Court · 1915
- Newman v. Young's Lessee ex rel. ShaferCourt of Appeals of Maryland · 1869