Legal Opinion

Leonard v. Diamond

Court of Appeals of Maryland

Decided December 21, 1869PublishedCited by 3 opinions

Appeal from tbe Superior Court of Baltimore City. This was an action of ejectment, instituted 10th of March, 1868, in the Superior Court of Baltimore City, by the lessee of the appellants against the appellee, the tenant in possession, to recover a lot of ground on Philpot street, in the city of Baltimore. The defendant appeared, and the usual consent rule was entered into, a plea of not guilty filed, and issue joined thereon.

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Appeal from tbe Superior Court of Baltimore City. This was an action of ejectment, instituted 10th of March, 1868, in the Superior Court of Baltimore City, by the lessee of the appellants against the appellee, the tenant in possession, to recover a lot of ground on Philpot street, in the city of Baltimore. The defendant appeared, and the usual consent rule was entered into, a plea of not guilty filed, and issue joined thereon. The case was submitted to the Court (Dobbin, J.,) instead of being tried before the jury, and judgment was given for the defendant. The facts of the case are…

1Opinion of the CourtBabtol, C. J.

The appellants, plaintiff’s lessors, claim title as right heirs of Catharine A. Despaux under the deed of Despaux and wife to Devine, dated September 5th, 1851.

By that deed all the property and estate, real, personal, and mixed, of Anthony Despaux, was conveyed to Devine and his heirs, to the proper use and behoof of said Devine and his heirs, in trust for the separate use of Catharine, *540wife of Anthony Despaux, for life, then in trust for Anthony Despaux for life, without impeachment of waste, “ and from and after the death of the survivor of them, the said Anthony and Catharine, then in…

2Cases cited6 opinions

  1. Casey's Lessee v. InloesCourt of Appeals of Maryland · 1844
  2. Stow v. WyseSupreme Court of Connecticut · 1828
  3. Lannay v. WilsonCourt of Appeals of Maryland · 1869
  4. Hunter v. HattonCourt of Appeals of Maryland · 1846
  5. Carroll v. Norwood's heirsCourt of Appeals of Maryland · 1820

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Brown v. RenshawCourt of Appeals of Maryland · 1881
  2. Burnham v. Baltimore Gas & Electric Co.Court of Appeals of Maryland · 1958
  3. Janoske v. FriendCourt of Appeals of Maryland · 1971

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