Clarke v. Lancaster's Lessee
Court of Appeals of Maryland
Appeal from the Circuit Court for Washington County. This was an action of ejectment, brought by the appellee against the appellant, to recover possession of some five acres of land in Washington county. The plea was “not guilty,” and defence was taken on warrant, under which surveys and locations were made. The plaintiff claimed title as purchaser from James Marshall, trustee in insolvency of Benjamin Lancaster.
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Appeal from the Circuit Court for Washington County. This was an action of ejectment, brought by the appellee against the appellant, to recover possession of some five acres of land in Washington county. The plea was “not guilty,” and defence was taken on warrant, under which surveys and locations were made. The plaintiff claimed title as purchaser from James Marshall, trustee in insolvency of Benjamin Lancaster. First Exception: At the trial the plaintiff proved the deed to him from James Marshall, dated the'26th of November, 1859, and explained by the surveyor who executed and returned the…
1Opinion of the CourtBrent, J.
The question presented by the first and second bills of exception in this ease, is the admissibility of parol evidence to shoAV that' the deed from Sophia Fitzhugh to Benjamin Lancaster, under which the appellee claims title, is truly located upon the plats. The deed describes the land sued for as beginning “at a rock on the north side of the road from Boons-*203borough to Williamsport, near the N. E. corner of the deed from--to John S. Rowland for part of the said Manor, and running from thence, on the north side of said road, north thirty-eight degrees, east twenty-two degrees, south…
2Cases cited7 opinions
- Stanley v. GreenCalifornia Supreme Court · 1859
- Newcomer v. KlineCourt of Appeals of Maryland · 1841
- Crapster v. GriffithCourt of Appeals of Maryland · 1823
- H. G. S. Key v. KnottCourt of Appeals of Maryland · 1837
- Rogers v. MooreCourt of Appeals of Maryland · 1826
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3Cited by4 opinions
- Dorr v. School District No. 26Supreme Court of Arkansas · 1882
- Castleman v. Du ValCourt of Appeals of Maryland · 1899
- Preston v. HorwitzCourt of Appeals of Maryland · 1897
- United States v. GallasDistrict Court, D. Maryland · 1967