Bowie v. O'Neale
Court of Appeals of Maryland
Appeal from Prince-George’s county court. Ejectment brought in the name of Lawrence O’Neale’s lessee against John F. Bowie, on two demises; one for a tract of land called Twinn, or Trivifer, or Twiforcl, lying in Prince-George's county; and the other for a moiety of the same land.
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Appeal from Prince-George’s county court. Ejectment brought in the name of Lawrence O’Neale’s lessee against John F. Bowie, on two demises; one for a tract of land called Twinn, or Trivifer, or Twiforcl, lying in Prince-George's county; and the other for a moiety of the same land. Lawrence O’Neale having died, his heirs and widow were made parties, lessors of the plaintiff; and John F. Bowie having also died, his devisee was made defendant; defence was taken on warrant, and plots made and returned. 1. At the trial, the plaintiff read in evidence a patent granted to George Collins, for the…
1Opinion of the CourtDorset, J.
delivered" the opinion of the court. The counsel for the appellee having admitted that there was error in the opinions of the court below, as declared in the first and third bills of exceptions, it is only necessary for the court to decide on the second—and we have no doubt, that if a witness who has been examined in the trial of a cause should die, and a new trial should be had in the same cause, and on the same issue, after his death, the testimony which he gave on the first trial may be proved on the second.
The necessity of the case renders the admission of such proof indispensable, and no…
2Cited by8 opinions
- Waters v. WatersCourt of Appeals of Maryland · 1872
- Contee v. StateCourt of Appeals of Maryland · 1962
- Stump v. HenryCourt of Appeals of Maryland · 1854
- Waddell George's Creek Coal Co. v. ChisholmCourt of Appeals of Maryland · 1932
- Bielski v. RisingCourt of Appeals of Maryland · 1932
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