Berry v. Griffith
Court of Appeals of Maryland
Appeal from Montgomery County Court. This was an action of trespass q. c. f. — for breaking and entering the close of the plaintiff, (the appellant,) called Charles and Benjamin. The defendant, (the appellee,) pleaded not guilty, and issue was joined.
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Appeal from Montgomery County Court. This was an action of trespass q. c. f. — for breaking and entering the close of the plaintiff, (the appellant,) called Charles and Benjamin. The defendant, (the appellee,) pleaded not guilty, and issue was joined. At the trial the plaintiff proved by a competent witness, that he, the plaintiff, had held the land and premises in the declaration mentioned, under the will of his father, always since the death oí his father, until the time of the sale hereinafter mentioned. And the plaintiff read in evidence the will of his-father, Richard Berry, and proved…
1Opinion of the Court
Buchanan, Ch. J.
delivered the opinion of the court. This was an action of trespass for cutting down trees in a close, alleged to be the close of the appellant, who was the plaintiff below.
The appellant claims title to the land on which the trees were cut, under a devise from his father; and the defendant rests his defence upon a purchase of the same premises by himself and Henry B. Griffith, from the sheriff of Montgomery county, at a sale by auction, in virtue of a fieri facias regularly sued out of the Montgomery county court. And the s le question presented to us in argument is, whether…
2Cited by8 opinions
- Textor v. ShipleyCourt of Appeals of Maryland · 1897
- Thomas v. FewsterCourt of Appeals of Maryland · 1902
- Ressmeyer v. NorwoodCourt of Appeals of Maryland · 1912
- Main v. LynchCourt of Appeals of Maryland · 1880
- Dyer v. BoswellCourt of Appeals of Maryland · 1874
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