Day v. Allender
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore County. This was an action of trespass vi et armis brought by the appellee against the appellant, to the November term 1854. The. declaration which contained five counts, charged, with some variations in each count, as to the place and mode, a forcible trespass by the appellant upon the property of the appellee and the cutting down by the appellant of a certain fence of the appellee. The appellant pleaded: 1st. Not guilty; 2nd.
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Appeal from the Circuit Court for Baltimore County. This was an action of trespass vi et armis brought by the appellee against the appellant, to the November term 1854. The. declaration which contained five counts, charged, with some variations in each count, as to the place and mode, a forcible trespass by the appellant upon the property of the appellee and the cutting down by the appellant of a certain fence of the appellee. The appellant pleaded: 1st. Not guilty; 2nd. A public highway across the locus in quo, and justifying the cutting down of the fence erected by the appellee, because it…
1Opinion of the Court
Bowie, 0. J.,
delivered the opinion of this Court.
The appellant, the defendant below, among other pleas, relied on: 1st. A common and public highway over the “•locus in quo.” 2nd. A private way appurtenant to his own land. The exceptions are taken to the granting of the third prayer of the appellee, and refusal to grant the fourth and fifth prayers of the appellant, involving the competency of the evidence to support these pleas.
The third prayer of the appellee, and fourth of the appellant, present conflicting propositions. The appellee affirms — “the mere use of a road by individuals, no…
2Cases cited1 opinion
- Gayetty v. BethuneMassachusetts Supreme Judicial Court · 1817
3Cited by26 opinions
- Smith v. ShiebeckCourt of Appeals of Maryland · 1942
- Heiskell v. Mayor & City CouncilCourt of Appeals of Maryland · 1886
- Thomas v. FordCourt of Appeals of Maryland · 1885
- Adams v. Commissioners of TrappeCourt of Appeals of Maryland · 1954
- Sassman v. CollinsCourt of Appeals of Texas · 1908
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