Legal Opinion

Digges's Lessee v. Beale

Court of Appeals of Maryland

Decided October 15, 1726PublishedCited by 1 opinion

THIS was an ejectment for 750 acres of land, part of a tract called Barbadoes, situate in Charles County. At the assizes held for Charles County a special verdict was found.

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THIS was an ejectment for 750 acres of land, part of a tract called Barbadoes, situate in Charles County. At the assizes held for Charles County a special verdict was found. It stated that by the several conditions of plantations, published at several times by the Right Honourable Cecilias, late Lord Proprietary of Maryland, containing encouragement to the subjects of England to come into the Province of Maryland to inhabit, and the terms upon which persons coming into the said Province might have land therein. That Walter Bayne, late of Charles County, deceased, was an English subject, and…

1Opinion of the Court

It is to be noted, there is a difference between such conditional estates where the Lord has an interest, and is deprived of it by the infancy, &c. and between the present case. It is a fundamental and immutable principle of Magna Charta that justice must not be sold. So it is, that no man ought tobe condemned unheard. If then a sentence be passed against a person unheard, and such sentence, till it be reversed, is to have the same force and effect with the justest j udgment, or a j udgment in which only some legal formalities have been omitted, or a judgment which though erroneous, has been…

2Cited by1 opinion

  1. Reynolds v. ApplemanCourt of Appeals of Maryland · 1875

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