Lannay v. Wilson
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This action was instituted in the Circuit Court for Baltimore county, on the 25th of November, 1863, and was removed to the Superior Court of Baltimore city, May 25th, 1864. At the trial of the cause below, the defendant offered, in addition to the mortgage deeds, deed of assignment and chancery record, alluded to in the opinion of the Court, oral testimony showing that several persons, of whom John Akehurst was the last, had…
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Appeal from the Superior Court of Baltimore City. This action was instituted in the Circuit Court for Baltimore county, on the 25th of November, 1863, and was removed to the Superior Court of Baltimore city, May 25th, 1864. At the trial of the cause below, the defendant offered, in addition to the mortgage deeds, deed of assignment and chancery record, alluded to in the opinion of the Court, oral testimony showing that several persons, of whom John Akehurst was the last, had been in possession of the land in dispute, as tenants of Luke Tiernan, one of the mortgagees who purchased the land at…
1Opinion of the CourtAlvey, J.
This is an action of ejectment, instituted on the 25th of November, 1863, by the devisees of Louis J. Lannay, to recover two hundred and forty-five and a half acres of land, lying in Baltimore county, comprising parts of three tracts, called “Labyrinth,” “Brother’s Choice,” and “Enlargement.”
It is unquestioned that Lannay, the devisor, acquired in 1801, legal seisin of 184|- acres, part of the land sued for, and that he became legally seized of the remaining 60f acres, in 1810, having had the equitable seisin thereof from 1801.
The leading question in the case, as presented by the prayers…
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