Dallam v. Dallam's Lessee
Court of Appeals of Maryland
Appeal from Harford County Court. Ejectment for a tract of land called Palmers Forest. Plea, not guilty, and issue. A verdict was taken for the plaintiff, subject to the opinion of the court on a case stated, (which is set out in the opinion delivered by this court.,) and which raised the question as to what estate Josias Dallam took under this devise in the will of Frances Middderaore, dated the 11th of August 1755.— “J give and devise unto the aforesaid Richard Dallam and…
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Appeal from Harford County Court. Ejectment for a tract of land called Palmers Forest. Plea, not guilty, and issue. A verdict was taken for the plaintiff, subject to the opinion of the court on a case stated, (which is set out in the opinion delivered by this court.,) and which raised the question as to what estate Josias Dallam took under this devise in the will of Frances Middderaore, dated the 11th of August 1755.— “J give and devise unto the aforesaid Richard Dallam and Josias Dallam, and to their heirs and assigns forever, as tenants in common, equally to be divided between them, all…
1Opinion of the Court
Buchanan, Ch. J.
at the present term, delivered the opim» on of the court. On the 11th of August 1755, Frances Middleware. made her will, the second clause of which is in these words: — “I give and devise unto the aforesaid Richard Dal lam and Josias Dallam, and to their heirs and assigns forever, as tenants in common, equally to ho divided between them, all that tract of land called Palmer’s Forrest, lying on the west side-of Swan creek; but if either of them dies before the age of twenty-one years, and without issue, then I will that one equal half part of the said land he held and enjoyed…
2Cases cited1 opinion
- Barnitz's Lessee v. CaseySupreme Court of the United States · 1813
3Cited by5 opinions
- Barnum v. BarnumCourt of Appeals of Maryland · 1866
- Safe Deposit & Trust Co. v. SheehanCourt of Appeals of Maryland · 1935
- Boyd v. BoydCourt of Special Appeals of Maryland · 1975
- Deets v. RigginsCourt of Appeals of Maryland · 1939
- Boyd v. BoydCourt of Special Appeals of Maryland · 1975