Hoye v. Johnston
Court of Appeals of Maryland
Appeal from the Court of Chancery. The bill in this cause was filed on the 5th July 1841, by the appellant against the appellee, and alleged, that John Hoye of Allegany county, being seized of a tract of land in said county, called Flavia, held under a patent from the State, bearing date on or about the 7th September 1838, and one other tract called Rotunda, contiguous to which your orator supposed there was some vacant land, he did on or about the 5th September 1839, sue…
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Appeal from the Court of Chancery. The bill in this cause was filed on the 5th July 1841, by the appellant against the appellee, and alleged, that John Hoye of Allegany county, being seized of a tract of land in said county, called Flavia, held under a patent from the State, bearing date on or about the 7th September 1838, and one other tract called Rotunda, contiguous to which your orator supposed there was some vacant land, he did on or about the 5th September 1839, sue out a warrant to re-survey his aforesaid tracts, with liberty to include the contiguous vacant lands. That said warrant…
1Opinion of the CourtMagbxtder, J.
The plaintiff in error, filed his bill in the Court of Chancery, to vacate a patent which the defendant had obtained, on the ground, that the survey on which the patent was granted, was in fraud of his, the plaintiff’s right.
These facts appear in the case. The plaintiff on the 5lh September 1839, obtained a warrant of re-survey. He made his survey on the J 9th May 1840; returned his certificate of survey on 31st July 1840; and paid the composition money on the 18th February 1841.
The defendant obtained a special warrant, 29th June 1840, (more than one month after the plaintiff’s survey of his…
2Cited by6 opinions
- Tyson v. Western National BankCourt of Appeals of Maryland · 1893
- Crook v. BrownCourt of Appeals of Maryland · 1857
- Bridges v. McKennaCourt of Appeals of Maryland · 1859
- Salfner v. StateCourt of Appeals of Maryland · 1896
- Smith's Lessee v. DevecmonCourt of Appeals of Maryland · 1869
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