Smith v. Clark
Court of Appeals of Maryland
Appeal from ihe Circuit Court for Prince Georges county. Trespass on ihe case by the appellant against the appellee, to recover the value of wood cut by the defendant, upon a tract of land called “Swanston’s Lot.” Plea non cut. Exception. The plaintiff proved that the defendant had cut wood from the lot in question, and to show his title thereto, offered in evidence the will of Walter Smith, his father.
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Appeal from ihe Circuit Court for Prince Georges county. Trespass on ihe case by the appellant against the appellee, to recover the value of wood cut by the defendant, upon a tract of land called “Swanston’s Lot.” Plea non cut. Exception. The plaintiff proved that the defendant had cut wood from the lot in question, and to show his title thereto, offered in evidence the will of Walter Smith, his father. By the provisions of this will, which are material to this case, tile testator devised to his wife Harriett, “during her natural life,” three tracts of land, called “Moore’s Plains,’’ “Brock…
1Opinion of the CourtMason, J.
The testator, after having devised his home farm to his wife Harriet Smith, for her natural life, with remainder over in fee, to his four single daughters, as tenants in common; and his other estate, to his son Walter Smith in fee, he proceeds by the fourth clause of his codicil, to make the following additional devise, to wit:
“4th. And whereas, since the execution of the said will, I have purchased from Motley Young a parcel of land called ‘'Swanston’s Lot,* and whiclx is particularly described in a deed from said Young and wife to mo, of the fifteenth of February 1844, and which parcel of…
2Cited by5 opinions
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- Trinity Methodist Episcopal Church v. BakerCourt of Appeals of Maryland · 1900
- Gischell v. BallmanCourt of Appeals of Maryland · 1917
- Blackshere v. Trustees of the Samuel Ready School for Female OrphansCourt of Appeals of Maryland · 1902