Green v. M'Clellan
Court of Appeals of Maryland
Appeal 'from Baltimore County Court. This .was an action‘ for a trespass committed on a tract of land call ed r IIvPCleUan’s First Venture.
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Appeal 'from Baltimore County Court. This .was an action‘ for a trespass committed on a tract of land call ed r IIvPCleUan’s First Venture. The general issue was plead-jed, and plots were made under a warrant of resurvey is-I sued for that purpose. 1. The plaintiff (now appellee.) read in evidence at the I trial, the patent oí Mf Clellrn’s First Venture, surveyed on I the 20th of March 1776, for, and patented to him, on the 14th of January 1809. The paten' described this tract as “beginning at the end of the N. 200 pr line of a inlet of land called Come by Chance, it being the second line of…
1Opinion of the Court
Chase, Ch. J.
delivered the opinion of the Court. The court are of opinion, that the beginning of McClellan's First Venture depends on the true location of the tract of land called Come by Chance, which said beginning must be at the place or point where the north 200 perches line of Come by Chance terminates — the termination of the said tine to be ascertained by the jury according to the evidence, and on such allowance for the variation of the compass as the jury may find to be right and proper; it being the exclusive right and province of the jury to decide on the proper allowance to be made…
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- Honga River Gun Club, Inc. v. Montchester Gun Club, Inc.Court of Special Appeals of Maryland · 1974