Legal Opinion

Newman v. Young's Lessee ex rel. Shafer

Court of Appeals of Maryland

Decided March 18, 1869PublishedCited by 1 opinion

Appeal from the Circuit Court for Washington County. This was an action of ejectment, brought on the 12th of February, 1863, by the appellee against the appellants, to recover a certain tract or parcel of land, called “Slack Water,” lying in Washington county, and containing eighty-five and one-fourth acres, more or less, with the appurtenances. The trial was had on the plea of “not guilty.”

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Appeal from the Circuit Court for Washington County. This was an action of ejectment, brought on the 12th of February, 1863, by the appellee against the appellants, to recover a certain tract or parcel of land, called “Slack Water,” lying in Washington county, and containing eighty-five and one-fourth acres, more or less, with the appurtenances. The trial was had on the plea of “not guilty.” Five bills of exception were taken by the defendants — four to the rejection of testimony offered by them, and the fifth to the ruling of the Court, in granting the prayer of the plaintiíf and rejecting…

1Opinion of the CourtBartol, C. J.

This appeal was taken by the defendants. In support of the action, the plaintiff gave .in evidence a certificate of the surveyor made in execution of a special warrant of re-survey, and a patent issued thereon to Amos Young, the plaintiff’s lessor, for the tract of land described in the nar., called “ Slack Water,” and then offered evidence that the same was timber land lying along the Potomac river, between the river and cultivated lands, from which it was separated by a fence, and that twenty years before the trial (or about the year 1843,) it was unenclosed.

The warrant of re-survey was…

2Cases cited8 opinions

  1. Budd v. BrookeCourt of Appeals of Maryland · 1845
  2. Thistle v. Frostburg Coal Co.Court of Appeals of Maryland · 1856
  3. Tongue's lessee v. NutwellCourt of Appeals of Maryland · 1861
  4. Davis v. Furlow's LesseeCourt of Appeals of Maryland · 1867
  5. Morrison v. Hammond's LesseeCourt of Appeals of Maryland · 1867

3 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Hackett v. WebsterCourt of Appeals of Maryland · 1903

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