Brice v. Randall
Court of Appeals of Maryland
Appeal from Anne Arundel county court. This was an action on the case, for obstructing a right of way, instituted by the appellants against the appellee, on the 18th of October, 1832. To the defendant’s plea of not guilty, and limitations, the plaintiffs replied, that prior to the accrual of the defendant’s title to the close held by him, they the plaintiffs by virtue of a deed, (which is set out in the replication) acquired title to the close in their possession, and to the…
Read the full summary
Appeal from Anne Arundel county court. This was an action on the case, for obstructing a right of way, instituted by the appellants against the appellee, on the 18th of October, 1832. To the defendant’s plea of not guilty, and limitations, the plaintiffs replied, that prior to the accrual of the defendant’s title to the close held by him, they the plaintiffs by virtue of a deed, (which is set out in the replication) acquired title to the close in their possession, and to the right of ingress, egress, and regress to and from the same, over and through the defendant’s close, in the which right…
1Opinion of the CourtArcher, Judge
This cause comes upon bills of exceptions, without any evidence whatever.
Anterior to the act of Assembly of 1826, ch. 117, the court would have entertained the appeal, and would have determined the law of the prayers, upon the assumption, that there. Was evidence upon which the prayers might be bottomed.
*353The act of 1825, ch. 117, requires this court to review the points decided below, and if in the case in 2 Harr. & Johns. 376, the court were bound to consider, that evidence was offered below, which would have justified the action of the court, such a rule would and must lead us to the same…
2Cited by3 opinions
- Johnson v. RobinsonCourt of Special Appeals of Maryland · 1975
- Mitchell v. ChesnutCourt of Appeals of Maryland · 1869
- Kunkel v. SpoonerCourt of Appeals of Maryland · 1856