Ross v. McGee
Court of Appeals of Maryland
Appeal from the Superior' Court of Baltimore City (Phelps, J.) Defendant’s 5th Prayer.—If the jury find from the deeds offered in evidence, that one Ellen M. Smith prior to 4th May, 1872, owned a large tract of land of which that mentioned in the narr. was a part and that on said date she conveyed to one James H. Wheeler, a certain portion “reserving however, the privilege of using the water from the spring in the lot of ground” thereby conveyed; and that subsequently to…
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Appeal from the Superior' Court of Baltimore City (Phelps, J.) Defendant’s 5th Prayer.—If the jury find from the deeds offered in evidence, that one Ellen M. Smith prior to 4th May, 1872, owned a large tract of land of which that mentioned in the narr. was a part and that on said date she conveyed to one James H. Wheeler, a certain portion “reserving however, the privilege of using the water from the spring in the lot of ground” thereby conveyed; and that subsequently to wit: on the 18th day of August, 1874, the said Ellen M. Smith conveyed to the plaintiff another portion of said tract “with…
1Opinion of the CourtFowler, J.
This is an action brought by the appellee in the Superior Court of Baltimore City against the appellant to recover damages caused by the obstruction of a right of way claimed by the former over the land of the latter to a spring situated on a lot of ground owned by one Wheeler.
The narr. contains two counts. The first claims a right of way under a deed from the plaintiff’s grantor, and the second is based upon the deed and adverse continuous user.
At the trial below but one exception was taken by the defendant and that relates to the action of the Court in ruling upon the prayers. The verdict…
2Cases cited1 opinion
- Halle v. NewboldCourt of Appeals of Maryland · 1888
3Cited by12 opinions
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- Smith v. Second Church of Christ, Scientist, PhoenixArizona Supreme Court · 1960
- Levy v. Dundalk Co.Court of Appeals of Maryland · 1940
- Whitmarsh v. RichmondCourt of Appeals of Maryland · 1941
- Ringgold v. DenhardtCourt of Appeals of Maryland · 1920
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