Legal Opinion

Boone v. Purnell

Court of Appeals of Maryland

Decided May 8, 1868PublishedCited by 14 opinions

Appeal from the Circuit Court for Baltimore County. This was an action of Ejeetmeni, brought by the lessors of the plaintiff, (now appellants,) for five-sixths of one-third of a lot of ground in the village of Mount 'Wasliington, in Baltimore county.

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Appeal from the Circuit Court for Baltimore County. This was an action of Ejeetmeni, brought by the lessors of the plaintiff, (now appellants,) for five-sixths of one-third of a lot of ground in the village of Mount 'Wasliington, in Baltimore county. The appellants claim as descendants of John Cockey Burley Boone, who died in the year 1824, and who as they contend was twice married, and had by his'first marriage (to Betsy Parlett,) two children, Stephen and Eleanor, of whom Eleanor died childless; and Stephen died leaving children and grand-children, who are the plaintiffs. The defendant…

1Opinion of the CourtBrent, J.

Although the record in this case is very voluminous, and the number of exceptions taken and prayers asked in the Court below is unusually large; there is in reality, as was conceded in the argument on both sides, but one important question submitted for the decision of this Court. Is general reputation admissible evidence in regard to marriage ? This kind of evidence is not to be confounded with hearsay evi*626dence. Though generally treated of by the text writers under that head, and though composed of the speech of third persons not under oath, it is considered original evidence, and not…

2Cases cited3 opinions

  1. Stein v. BowmanSupreme Court of the United States · 1839
  2. In re TaylorNew York Court of Chancery · 1842
  3. Banert v. DayUnited States Circuit Court · 1814

3Cited by14 opinions

  1. Travers v. ReinhardtSupreme Court of the United States · 1907
  2. Imboden v. St. Louis Union Trust Co.Missouri Court of Appeals · 1905
  3. Mitchell v. StateCourt of Appeals of Maryland · 1911
  4. Jackson v. JacksonCourt of Appeals of Maryland · 1894
  5. Providence Life Insurance & Investment Co. v. MartinCourt of Appeals of Maryland · 1870

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