Hutchins's Lessee v. Erickson
Court of Appeals of Maryland
EJECTMENT for a tract of land called Isaac’s Chance„ in ^ueen Anne’s County, containing 100 acres. The de» fendant took defence for Erickson’s Chance, which tract of land included the whole of Isaac’s Chance.
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EJECTMENT for a tract of land called Isaac’s Chance„ in ^ueen Anne’s County, containing 100 acres. The de» fendant took defence for Erickson’s Chance, which tract of land included the whole of Isaac’s Chance. At the trial of this cause at the Assises held for Talbot County, in September, 1769, it appeared from the special verdict found, that the Lord Proprietary, on the 10th. of August, 1684, granted Isaac’s Chance to one Isaac Winchester; that about the month of August, 1758, the plaintiff entered into the land, and was thereof actually possessed, and so thereof continued, and was quietly…
1Opinion of the Court
*343A title in fee in all Isaac’s Chance, is found to be in Ralph Distance, also in his two daughters, Anne and Mary, as tenants in common. Anne conveyed to Edmund Kelly ; and William Kelly, his heir, is found to be tenant in common in fee of an undivided moiety of Isaac’s Chance. Mary married John Gilbert, and after his death, married Valentine Downey, who conveyed thirty acres, which was one-half and one-tenth of his undivided fifty acres, to Hut-chins, who entered. Hutchins then had title to only thirty acres, and therefore he could not demise more; but the declaration alleges a demise of the…
2Cited by4 opinions
- Thompson v. ClemensCourt of Appeals of Maryland · 1903
- Wood v. State ex rel. W. C. White & Co.Court of Appeals of Maryland · 1886
- Smith v. HeldmanCourt of Appeals of Maryland · 1901
- Stultz v. LockeCourt of Appeals of Maryland · 1878