Schley v. Mayor of Baltimore
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City : At the trial of the action below, which took place in March, 1865, the plaintiff prayed the court to instruct the jury, substantially as follows : 1. That his right to recover the one undivided eighth part of the premises in controversy, if otherwise made out to the satisfaction of the jury, is not barred by the decree in the cause in chancery, nor by the sale thereunder, nor by any other proceeding had in said cause. 2.…
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Appeal from the Superior Court of Baltimore City : At the trial of the action below, which took place in March, 1865, the plaintiff prayed the court to instruct the jury, substantially as follows : 1. That his right to recover the one undivided eighth part of the premises in controversy, if otherwise made out to the satisfaction of the jury, is not barred by the decree in the cause in chancery, nor by the sale thereunder, nor by any other proceeding had in said cause. 2. That the defendants claiming under Dunbar, the purchaser at the trustee’s sale, can claim no protection from such…
1Opinion of the CourtBartol, C. J.
This is an action of ejectment brought on the 9th of January, 1864, by the appellant, to recover an undivided eighth part of a parcel of land lying in the City of Baltimore. The lessors of the plaintiff claim as children and heirs-at-law of Mrs. Eliza A. Schley, who was one of the eight children and heirs-at-law of James McCannon, who died intestate in 1815, seized in fee of the land in dispute. The defendants claim by mesne conveyances from George T. Dunbar, who purchased the same from Ann McCannon and Frederick A. Schley, trustees appointed and authorized to sell, by a decree of the Court…
2Cases cited7 opinions
- WHITING v. the Bank of the United StatesSupreme Court of the United States · 1839
- Thompson v. TolmieSupreme Court of the United States · 1829
- Glenn v. ClappCourt of Appeals of Maryland · 1839
- Cockey v. ColeCourt of Appeals of Maryland · 1868
- State ex rel. Rogers v. KrebsCourt of Appeals of Maryland · 1823
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3Cited by6 opinions
- Long v. LongCourt of Appeals of Maryland · 1884
- Sanders v. McDonaldCourt of Appeals of Maryland · 1885
- Dorsey's Lessee v. GareyCourt of Appeals of Maryland · 1869
- Friedman v. McLaneCourt of Appeals of Maryland · 1949
- Spedden v. Baltimore Refrigerating & Heating Co.Court of Appeals of Maryland · 1912
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