Legal Opinion

Stallings v. Ruby's Lessee

Court of Appeals of Maryland

Decided May 31, 1867PublishedCited by 4 opinions

Appeal from the Circurt Court for Allegany County. Ejectment hy the appellee against the appellant for a tract of land called “ Ryefield.”

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Appeal from the Circurt Court for Allegany County. Ejectment hy the appellee against the appellant for a tract of land called “ Ryefield.” The facts of the case are sufficiently stated in the opinion of the Court. .Exception: Upon the evidence the plaintiff offered two prayers, one of which the Court rejected, hut granted the other, which is as follows : If the jury shall find from the evidence in the cause that Thomas Ruhy, on the 20th day of April, 1846, was seized of a good estate in fee simple, in and to the tract of land called Trouble ; ” that said Thomas then procured a'warrant of…

1Opinion of the CourtCrain, J.

The record in this case presents for our consideration the correctness of a single instruction given by the Circuit Court at the instance of the plaintiff, the present appellee.

Thomas Ruby being seized in fee of a tract of land called “ Trouble,” lying and being in Allegany County, containing ninety-six acres, on the 20th of April, 1846, procured from the Land Office a special warrant to resurvey it, with leave to add anj vacant land thereto contiguous, and to reduce the whole into one entire tract. In virtue of this warrant, Benjamin Brown, the surveyor of Allegany County, on the third day…

2Cases cited2 opinions

  1. McClellan v. KennedyCourt of Appeals of Maryland · 1855
  2. Hammond v. WarfieldCourt of Appeals of Maryland · 1806

3Cited by4 opinions

  1. Glenn v. DavisCourt of Appeals of Maryland · 1872
  2. Marquardt v. PapenfuseCourt of Special Appeals of Maryland · 1992
  3. Jay v. Van BibberCourt of Appeals of Maryland · 1902
  4. Johnson v. LongCourt of Appeals of Maryland · 1938

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