Alexander v. Walter
Court of Appeals of Maryland
Appeal from Baltimore county court. This was an action of ejectment, instituted by the lessee of the appellees, on the 19th of April, 1841, for a lot of land situated on the east side of South street, in the city of Baltimore, particularly described in the declaration. The tenants in possession, the appellants, appeared and pleaded non cul, on which issue was joined.
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Appeal from Baltimore county court. This was an action of ejectment, instituted by the lessee of the appellees, on the 19th of April, 1841, for a lot of land situated on the east side of South street, in the city of Baltimore, particularly described in the declaration. The tenants in possession, the appellants, appeared and pleaded non cul, on which issue was joined. Upon the first trial of this case, the verdict under certain instructions by the court was for the defendants, the present appellants, and from the judgment thereon rendered, the plaintiffs, the present appellees, appealed, and…
1Opinion of the CourtMartin, J.
The first question presented for our examination by this record, is, whether the court below erred in deciding that the proceedings in the ejectment of Merryman’s Lessee, against Smith, estop the defendants in this case, from denying the possession of Philip Walter, of the premises in controversy, at the time when such ejectment was brought?
When this case was before the Court of Appeals in 1844, 2 Gill, 204, the character of the judgment rendered by Baltimore county court, in the ejectment cause to which we have reference, was considered; and it was then held by the court, that it was not to…
2Cases cited9 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Ronkendorff v. Taylor's LesseeSupreme Court of the United States · 1830
- Jackson ex dem. Smith v. StewarthNew York Supreme Court · 1810
- Bank of the Commonwealth v. HopkinsCourt of Appeals of Kentucky · 1834
- Hurst v. McNeilU.S. Circuit Court for the District of Pennsylvania · 1804
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3Cited by33 opinions
- Hardy v. Chesapeake BankCourt of Appeals of Maryland · 1879
- Fitch v. Double" U" Sales Corp.Court of Appeals of Maryland · 1957
- Steuart v. MeyerCourt of Appeals of Maryland · 1880
- Howard v. CarpenterCourt of Appeals of Maryland · 1857
- Glenn v. DavisCourt of Appeals of Maryland · 1872
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