Evans v. Horan
Court of Appeals of Maryland
Appeal from the Circuit Court for Garrett County. This was an action of ejectment brought by the appellees against the appellant and Sarah Evans, his wife. Pending the case, Sarah Evans died ; her death was suggested, and her name as a defendant was stricken out. First and Second Exceptions.—Sufficiently set out in the opinion of the Court.
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Appeal from the Circuit Court for Garrett County. This was an action of ejectment brought by the appellees against the appellant and Sarah Evans, his wife. Pending the case, Sarah Evans died ; her death was suggested, and her name as a defendant was stricken out. First and Second Exceptions.—Sufficiently set out in the opinion of the Court. Third Exception.—The plaintiffs offered the following prayers: 1. If the jury shall believe from the evidence, that William Barnes died, seized and possessed of the land mentioned in the plaintiffs’ declaration, and by. his last will and testament devised…
1Opinion of the CourtMiller, J.
This is an action of ejectment involving the title to two tracts of land in Garrett County, containing about eighty four acres. It was admitted that the title to these tracts was, in 1803, vested in William Barnes by a deed from the patentee, and that Barnes hy his will devised the same to his daughter Ruth Metz for life, with remainder in fee to her son John Metz. The life tenant, Ruth Metz, died in 1863, and John Metz died in 1857 or 1858, unmarried and without issue, leaving eight brothers and sisters, his heirs-at-law, and the plaintiffs are two of his sisters. Upon this proof the…
2Cases cited10 opinions
- Jones v. JonesCourt of Appeals of Maryland · 1876
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- Chew v. Bank of BaltimoreCourt of Appeals of Maryland · 1859
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- Jerry v. TownshendCourt of Appeals of Maryland · 1856
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