Legal Opinion

Tyson v. Shueey

Court of Appeals of Maryland

Decided December 15, 1853PublishedCited by 17 opinions

Appeal from the circuit court of Frederick county. This was an action of trespass quare clausum fregit, by the appellee against the appellant, instituted in Carroll and removed from thence to Frederick county. The pleadings and evidence in the cause are fully stated in the opinion of this court. 1st Exception.

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Appeal from the circuit court of Frederick county. This was an action of trespass quare clausum fregit, by the appellee against the appellant, instituted in Carroll and removed from thence to Frederick county. The pleadings and evidence in the cause are fully stated in the opinion of this court. 1st Exception. The defendant objected to the admissibility of that part of the evidence of the witness, Smith, which was offered to prove that the land on which the trespass was alleged to be committed, was always reputed to be within the limits of “Greyhound Forest,” and had always been known by…

1Opinion of the CourtEccleston, J.

This-action of trespass qitare clausum fregit, was instituted in- Car-roll county, and subsequently removed to Frederick.

The declaration contains but one count, which charges the defendant, now appellant, with- breaking and entering the close of the plaintiff, called “Greyhound Forest,” lying and being in Carroll county. The defendant pleaded non cul. No warrant of resurvey was issued, neither party having applied-for one, and consequently the cause was tried-without plats or-locations.

Thomas Smith, a.witness on the part of the plaintiff, stated that for twenty-five or thirty years he had…

2Cases cited1 opinion

  1. Grahame v. Harris, Parran & Co. ex rel. HarrisCourt of Appeals of Maryland · 1833

3Cited by17 opinions

  1. J. A. Laporte Corp. v. Pennsylvania-Dixie Cement Corp.Court of Appeals of Maryland · 1933
  2. Thistle v. Frostburg Coal Co.Court of Appeals of Maryland · 1856
  3. Burgess & Commissioners v. StocksdaleCourt of Appeals of Maryland · 1902
  4. Carter v. Maryland & Pennsylvania RailroadCourt of Appeals of Maryland · 1910
  5. Western Maryland Railroad v. CarterCourt of Appeals of Maryland · 1883

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