Kershner v. Kershner's Lessee
Court of Appeals of Maryland
Appeal from the Circuit Court for Washington County. The facts and exceptions as stated in the opinion of the Court, will, with the prayers presented by the parties re-respectively, suffice for an understanding of the questions decided.
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Appeal from the Circuit Court for Washington County. The facts and exceptions as stated in the opinion of the Court, will, with the prayers presented by the parties re-respectively, suffice for an understanding of the questions decided. The plaintiff offered the following prayers : 1. That if the jury find that in the year 1820, Andrew Kershner obtained two judgments against Jacob Kershner, whom they shall also find to be the father of the plaintiff in this action, and that from the March Term of the Washington County Court, 1820, continually on from term to term until March Term of said…
1Opinion of the CourtBartol, C. J.
In April, 1860, Andrew J. Kersliner, the appellee’s lessor, filed his bill on the equity side of the Circuit Court for Washington county, against the appellants, claiming to be the owner in fee of the undivided moiety of certain lands therein described, then in the possession of the appellants, praying for a partition of the same and an account of rents and profits. After answer and proof the Circuit Court, upon the hearing, declined to decree until after the title to the land put in issue had been determined at law.
Whereupon this action of ejectment was instituted by the appellee, who…
2Cases cited7 opinions
- New York Life Insurance v. FlackCourt of Appeals of Maryland · 1852
- Pettigrew v. BarnumCourt of Appeals of Maryland · 1857
- Baltimore & Ohio Rail Road v. ResleyCourt of Appeals of Maryland · 1859
- Keech v. Baltimore & Washington Rail RoadCourt of Appeals of Maryland · 1861
- Davis v. Furlow's LesseeCourt of Appeals of Maryland · 1867
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3Cited by6 opinions
- Mobley v. . WattsSupreme Court of North Carolina · 1887
- Upton v. Santa Rita Mining Co.New Mexico Supreme Court · 1907
- Upton v. MerrimanSupreme Court of Minnesota · 1913
- Meleaka How On v. Amoe Ah HoHawaii Supreme Court · 1905
- Osborne v. AltschulCourt of Appeals for the Ninth Circuit · 1899
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