Smith v. Wilson
Court of Appeals of Maryland
Appeal from the Circuit Court for Anne Arundel county. Replevin, for a negro slave named Milly, brought on the 30th of April 1849, by the appellee against the appellant. Pleas non cepit, property in the defendant, property in a stranger, and actio non accrevit infra tres annos. On the former appeal in this case by the plaintiff, reported in 10 Md. Rep., 67, the judgment was reversed and a writ of procedendo ordered.
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Appeal from the Circuit Court for Anne Arundel county. Replevin, for a negro slave named Milly, brought on the 30th of April 1849, by the appellee against the appellant. Pleas non cepit, property in the defendant, property in a stranger, and actio non accrevit infra tres annos. On the former appeal in this case by the plaintiff, reported in 10 Md. Rep., 67, the judgment was reversed and a writ of procedendo ordered. Under this writ a trial was liad in Calvert county, where the suit was originaliy instituted, and the jury were unable to agree upon a verdict. The case was removed, upon…
1Opinion of the CourtLeGrand, C. J.
This case has been heretofore before this court, on the same state of pleadings and evidence as shown by the present record. See 10 Md. Rep., 67.
In the rulings of the court below we discover nothing of which the appellant can justly complain; on the contrary, we think the court allowed her more than she was entitled to, by granting her first prayer, which authorized the jury to presume the grant of letters of administration. The fact of administration on the estate of Samuel Owens, is indispensable to the defence of the appellant; and we are not aware of a single case, nor has any been…
2Cases cited2 opinions
- Weatherhead's Lessee v. BaskervilleSupreme Court of the United States · 1851
- Wilson v. SmithCourt of Appeals of Maryland · 1856
3Cited by3 opinions
- Rockwell v. YoungCourt of Appeals of Maryland · 1883
- Snowden v. Crown Cork & Seal Co.Court of Appeals of Maryland · 1911
- Kean v. MillerCourt of Appeals for the D.C. Circuit · 1918