Legal Opinion

Tongue's Lessee v. Nutwell

Court of Appeals of Maryland

Decided May 31, 1859PublishedCited by 19 opinions

Appeal from the Circuit Court for Anne Arundel county. Ejectment, for part of a tract of land called “Holly Hill Farm,” situate in Anne Arundel county, brought on the 2nd of April 1855, by the appellant against the appellee.

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Appeal from the Circuit Court for Anne Arundel county. Ejectment, for part of a tract of land called “Holly Hill Farm,” situate in Anne Arundel county, brought on the 2nd of April 1855, by the appellant against the appellee. The will of Benjamin Harrison, executed on the first of September 1825, and admitted to probate on the 10th of November of the same year, upon the construction of which this controversy arose, describes the land in dispute as “one hundred and forty-seven acres of land, to be laid off from the north end of my dwelling plantation, so as to include the dwelling house with…

1Opinion of the CourtEccleston, J.

This is an action of ejectment, in which the judgment below was in favor of the defendant, the present appellee.

Both parties claim under Benjamin Harrison, deceased, who died seized and possessed of the premises now in dispute, in the year 1825, leaving a last will and testament, in which he devised the same, and also gave certain personal property, to his son, John Harrison, his heirs, executors and administrators, in trust, for the sole and separate use of his (the testator’s) daughter, Eleanor Stephenson,‘wife of John Stephenson, during the life of her husband, and providing, "In case my…

2Cases cited5 opinions

  1. Newton v. GriffithCourt of Appeals of Maryland · 1827
  2. Biscoe v. BiscoeCourt of Appeals of Maryland · 1834
  3. Chelton v. HendersonCourt of Appeals of Maryland · 1850
  4. Torrance v. TorranceCourt of Appeals of Maryland · 1853
  5. Edelen v. MiddletonCourt of Appeals of Maryland · 1850

3Cited by19 opinions

  1. Madison v. LarmonIllinois Supreme Court · 1897
  2. Gaither v. JacksonCourt of Appeals of Maryland · 1925
  3. Goffe v. GoffeSupreme Court of Rhode Island · 1915
  4. Cowman v. ClassenCourt of Appeals of Maryland · 1929
  5. George Washington University v. Riggs Nat. Bank of WashingtonCourt of Appeals for the D.C. Circuit · 1936

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