Legal Opinion

Tongue's lessee v. Nutwell

Court of Appeals of Maryland

Decided June 26, 1861PublishedCited by 14 opinions

Appeal from the Circuit Court, for Anne Arundel county. Ejectment, brought on the 2nd of April 1855, by the appellant against the appellee, for part of a tract of land called “Holly Hill Farm,” containing one hundred and thirty-five and one half acres. The present trial was had under the procedendo issued upon the reversal of the judgment upon a former appeal, by the/present appellant, which is reported in 13 Md.

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Appeal from the Circuit Court, for Anne Arundel county. Ejectment, brought on the 2nd of April 1855, by the appellant against the appellee, for part of a tract of land called “Holly Hill Farm,” containing one hundred and thirty-five and one half acres. The present trial was had under the procedendo issued upon the reversal of the judgment upon a former appeal, by the/present appellant, which is reported in 13 Md. Rep., 415. The pleadings are fully stated in the opinion of this court. On the present trial the lessor of the plaintiff claimed title as heir at law of Benjamin Harrison, deceased,…

1Opinion of the CourtGolbsborough, J.

This is an action of ejectment, brought by the appellant against the appellee, in the circuit court for Anne Arundel county.

The appellant declared for a tract of land called “Holly Hill Farm,” lying in Anne Arundel county, and also in another count for an undivided moiety of the same land. He set out his pretensions in his nar., by metes and bounds.

The appellee came into court and prayed to be made defendant, and was required to enter into the consent rule, and confess lease, entry and actual ouster, which he did accordingly; and declining to take defence on warrant pleaded not guilty.

At the…

2Cases cited2 opinions

  1. Casey's Lessee v. InloesCourt of Appeals of Maryland · 1844
  2. Tongue's Lessee v. NutwellCourt of Appeals of Maryland · 1859

3Cited by14 opinions

  1. Graham v. WhitridgeCourt of Appeals of Maryland · 1904
  2. McLaughlin v. BarnumCourt of Appeals of Maryland · 1869
  3. Price v. StrattonSupreme Court of Florida · 1903
  4. Zimmerman v. SummersCourt of Special Appeals of Maryland · 1975
  5. Bean v. Steuart Petroleum Co.Court of Appeals of Maryland · 1966

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