Legal Opinion

Magruder v. Peter

Court of Appeals of Maryland

Decided June 15, 1832PublishedCited by 10 opinions

Appeal from Montgomery County Court. Ejectment for sundry tracts of land in Montgomery County, on the separate demises of Sarah Peter, of one undivided third part; James B. Beverly, and Jane his wife, of one undivided seventh part; Elizabeth Peter, by Sarah Peter, her mother, guardian, and next friend, of one undivided seventh part; William C. Peter, by Sarah Peter his mother, guardian, and next friend, of five undivided equal twenty-one parts; the whole in twenty-one equal…

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Appeal from Montgomery County Court. Ejectment for sundry tracts of land in Montgomery County, on the separate demises of Sarah Peter, of one undivided third part; James B. Beverly, and Jane his wife, of one undivided seventh part; Elizabeth Peter, by Sarah Peter, her mother, guardian, and next friend, of one undivided seventh part; William C. Peter, by Sarah Peter his mother, guardian, and next friend, of five undivided equal twenty-one parts; the whole in twenty-one equal parts, to be divided, and on similar demises by George H. and James Peter. The defendant pleaded not guilty, and issue…

1Opinion of the CourtMartin, J.

This action was instituted by the widow and children of David Peter, to recover the possession of the land mentioned in the declaration. (Here the Judge referred to the facts contained in the first bill of exceptions, ante 324-5.)

The declaration contains six counts—the first on the separate demise of Sarah Peter, the widow, for one undivided third part. The second, on the demise of James B. Beverly, and Jane, his wife, (who was a daughter of David Peter,) for one undivided seventh part, of the lands in the declara*328tion mentioned: the third by Elizabeth Peter, (another daughter of David Peter,)…

2Cases cited1 opinion

  1. Jackson ex dem. Roman v. SidneyNew York Supreme Court · 1815

3Cited by10 opinions

  1. Cooke v. HusbandsCourt of Appeals of Maryland · 1857
  2. Kinney v. HarrettMichigan Supreme Court · 1881
  3. Lyon v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1913
  4. Campbell v. FichterIndiana Supreme Court · 1907
  5. Baumeister v. SilverCourt of Appeals of Maryland · 1904

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