Cushwa v. Cushwa
Court of Appeals of Maryland
Appeal from the Circuit Court for Washington county. Ejectment by the appellees against the appellants for certain lands in Washington county. Plea, non cul., and defence on warrant. The record shows that the defendants appeared, asked leave to ascertain their defence, and took defence as heirs at law of Benjamin Cushwa, deceased. Exception.
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Appeal from the Circuit Court for Washington county. Ejectment by the appellees against the appellants for certain lands in Washington county. Plea, non cul., and defence on warrant. The record shows that the defendants appeared, asked leave to ascertain their defence, and took defence as heirs at law of Benjamin Cushwa, deceased. Exception. The lands were devised by his father to Benjamin Cushwa, and by him conveyed to his brother, John Cdshwa, by deed, dated the 14th of November 1826. The plaintiffs were admitted to be the sole heirs at law of the former, and the defendants of the latter.…
1Opinion of the CourtEccleston, J.
This is an action of ejectment to recover certain lands in Washington county, instituted by the appellees against the appellants.
It is admitted that. John Cushwa, the elder, died seized of these lands, having executed his will devising them to his sou Benjamin, who took and held the same under the devise; that on the 14th day of November 1826, Benjamin executed a deed to his brother, John Cushwa, for these lands.
It appears in proof, that on the 26th of March 1839, Benjamin gave to his brother John a single bill for $4689.86, on which, after the decease of John, his administrators obtained…
2Cases cited5 opinions
- Newson's Adm'r. v. DouglassCourt of Appeals of Maryland · 1826
- Clagett v. SalmonCourt of Appeals of Maryland · 1833
- Freeman v. SedwickCourt of Appeals of Maryland · 1847
- Stewart v. IglehartCourt of Appeals of Maryland · 1835
- Dorsey v. SmithsonCourt of Appeals of Maryland · 1823
3Cited by19 opinions
- Mitchell v. StateCourt of Appeals of Maryland · 1896
- Novak v. StateCourt of Appeals of Maryland · 1921
- St. Louis, Jacksonville & Chicago Railroad v. MathersIllinois Supreme Court · 1874
- Brown v. ReillyCourt of Appeals of Maryland · 1890
- Mylander v. PageCourt of Appeals of Maryland · 1932
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