Hunter v. Hatton
Court of Appeals of Maryland
Appeal from Prince George’s county court. This was an action of trespass q. c.f., brought on the 16th February 1844, by the appellant against the appellee, for a forcible entry into, and expulsion from a tract, of land called Boar mans Content. The defendant, H. D. H., pleaded, 1st., non cut. 2nd. That the locus in quo, &c., is, and at the time was, the proper soil and freehold of the said H. D. II., wherefore he entered, as it was lawful for him to do.
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Appeal from Prince George’s county court. This was an action of trespass q. c.f., brought on the 16th February 1844, by the appellant against the appellee, for a forcible entry into, and expulsion from a tract, of land called Boar mans Content. The defendant, H. D. H., pleaded, 1st., non cut. 2nd. That the locus in quo, &c., is, and at the time was, the proper soil and freehold of the said H. D. II., wherefore he entered, as it was lawful for him to do. The defendant, G. K., pleaded non cul. The plaintiff joined issue on the general issue; and as to second plea of II. D. H., replied, that the…
1Opinion of the CourtDorsey, J.
The defendants in this case severed in pleading; Kendrick relying on the general issue plea of not guilty, only; and Henry D. Hatton, in addition to the general issue, having pleaded liberum tenementwm. issues were joined upon the pleas of not guilty; and to the plea of liberum tenementum, the replication contained nothing more than a general traverse of the facts contained in the plea.
On the trial, the plaintiff having proved his actual possession of the close on which the trespass is alleged to have been committed; and the defendant, Hatton, having proved a freehold interest therein, jure…
2Cited by15 opinions
- Long v. LongCourt of Appeals of Maryland · 1884
- Thaw v. RitchieSupreme Court of the United States · 1890
- Manning v. BrownCourt of Appeals of Maryland · 1878
- McClellan v. KennedyCourt of Appeals of Maryland · 1855
- Davis v. HelbigCourt of Appeals of Maryland · 1867
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