Wickes's Lessee v. Caulk
Court of Appeals of Maryland
Appeal from Kent county court. Ejectment for a tract of land called Tulip Forest. The defendant in the court below, (the present appellee,) took defence on warrant, and plots were returned. 1. At the trial the plaintiff read in evidence a grant of the tract of land called Tulip Forest, made to Simon Wickes on the 6th of November 1790, and traced the title from Simon Wickes to the lessor of the plaintiff.
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Appeal from Kent county court. Ejectment for a tract of land called Tulip Forest. The defendant in the court below, (the present appellee,) took defence on warrant, and plots were returned. 1. At the trial the plaintiff read in evidence a grant of the tract of land called Tulip Forest, made to Simon Wickes on the 6th of November 1790, and traced the title from Simon Wickes to the lessor of the plaintiff. The defendant then read in evidence a grant of the tract of land called Arcadia, made to Michael Miller- on the 5th of May 1682; and also the will qf Miller, the grantee, dated the 29th of…
1Opinion of the CourtDorsey, J.
It has been urged by the appellant’s counsel, that the deed from Miller and wife to Moore, inserted in the first bill of exceptions, was inoperative on two grounds: 1st. Because the deed appeared to be acknowledged before its execution; and 2dly. Because the names of the attesting witnesses were erased. The first objection is not well founded in point of fact, and must be abandoned by referring to the change produced by the alteration of the calendar.
The court are of opinion that the second objection cannot be sustained. There is no evidence in the record that any person or persons attested…
2Cited by9 opinions
- Pulley v. StateCourt of Appeals of Maryland · 1980
- Roary v. StateCourt of Appeals of Maryland · 2005
- Macon & Western Railroad v. DavisSupreme Court of Georgia · 1853
- State Ex Rel. Wilson v. StaffordCourt of Appeals of Maryland · 1931
- Case v. ShepherdNew York Supreme Court · 1800
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