Legal Opinion

Van Bibber v. Ferdinand

Court of Appeals of Maryland

Decided October 29, 1861PublishedCited by 14 opinions

Appeal from the Circuit Court for Allegany county. Ejectment, for one undivided fourth of a tract of land called “Elk Garden,” containing about 6000 acres, brought on the 18th of December 1856, by the appellant against the appellees.

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Appeal from the Circuit Court for Allegany county. Ejectment, for one undivided fourth of a tract of land called “Elk Garden,” containing about 6000 acres, brought on the 18th of December 1856, by the appellant against the appellees. The lessors of the plaintiff claim this undivided fourth as heirs at law of Andrew A. Van Bibber, whose title accrued in 1822, and who died in 1842, and concede that the defendants are entitled to the other three undivided fourths, deriving title thereto through Brice W. Howard, who, in 1831, purchased at sheriff’s sale the interest, of Henry P. Van Bibber in the…

1Opinion of the CourtGoLDsnoRooun, J.

This is an action of ejectment, brought in the circuit court for Allegany county by the appellants, on the 18th day of December 1856, to recover one undivided fourth part of a tract of land called ‘-'Elk Garden,” containing about six thousand acres of land lying in Allegany county.

The lessors of the plaintiff claim this undivided fourth part of the said tract, as the heirs at law of Andrew Van Bibber, and concede that the defendants are entitled to the other three-fourths, tracing their title through Henry P, Van Bibber and a certain Brice W. .Howard.

The defendants came into court and having…

2Cases cited3 opinions

  1. Matthews v. WardCourt of Appeals of Maryland · 1839
  2. Perkins v. RamseySupreme Court of the United States · 1820
  3. Northrop v. WrightNew York Supreme Court · 1840

3Cited by14 opinions

  1. Jurgensen v. New Phoenix Atlantic Condominium Council of Unit OwnersCourt of Appeals of Maryland · 2004
  2. Hogan v. McMahonCourt of Appeals of Maryland · 1911
  3. Israel v. IsraelCourt of Appeals of Maryland · 1869
  4. Young v. YoungCourt of Special Appeals of Maryland · 1977
  5. McLaughlin v. McLaughlinCourt of Appeals of Maryland · 1894

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