Joseph Cresap's Lessee v. Hutson
Court of Appeals of Maryland
Appeal from Allegany county court. This was an action of ejectment, brought on the 10th of August, 1844, by the appellant against the appellee, for lots No. 3501, 3502 and part of “Deer Park,” situated in Allegany county. Plea not guilty, and defence on warrant. The following are the prominent facts in the case, necessary to an understanding of the several bills of exceptions.
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Appeal from Allegany county court. This was an action of ejectment, brought on the 10th of August, 1844, by the appellant against the appellee, for lots No. 3501, 3502 and part of “Deer Park,” situated in Allegany county. Plea not guilty, and defence on warrant. The following are the prominent facts in the case, necessary to an understanding of the several bills of exceptions. James D. Cresap devised by his will, certain lands to his son Joseph, the lessor of the plaintiff, and others to his son James, all of which are described by metes and bounds in the will. These lands lay contiguous to…
1Opinion of the CourtMagruder, J.
This appeal is taken from a judgment rendered in Allegany county court. The suit was brought to recover divers parcels of land for a part of which the defendant took defence. There are many exceptions to be found in the record, few questions however are presented by them.
The plaintiff undertook to prove title to the lands in controversy, and we are to assume that the will of James D. Cresap, his father, gave him title to the lands, and that the title continued in him until a conveyance was made by him of all the land to Elizabeth C. Tomlinson and Hannah Gastell, by deed bearing date the 8th…
2Cases cited3 opinions
- Carroll v. Norwood's heirsCourt of Appeals of Maryland · 1820
- Miller v. ShawSupreme Court of Pennsylvania · 1821
- Gittings's Lessee v. HallGeneral Court of Virginia · 1800
3Cited by6 opinions
- Sadtler v. Peabody Heights Co.Court of Appeals of Maryland · 1886
- Warner v. HardyCourt of Appeals of Maryland · 1854
- Hoye v. SwanCourt of Appeals of Maryland · 1853
- Davis v. Furlow's LesseeCourt of Appeals of Maryland · 1867
- Carter v. WoolforkCourt of Appeals of Maryland · 1889
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