Berry v. Derwart
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore County. This case originated in the Baltimore City Court, and was' removed on affidavit of the plaintiff to the Circuit Court for Howard County; whence, on affidavit of the defendants, .it was removed to the Circuit Court for Baltimore County.
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Appeal from the Circuit Court for Baltimore County. This case originated in the Baltimore City Court, and was' removed on affidavit of the plaintiff to the Circuit Court for Howard County; whence, on affidavit of the defendants, .it was removed to the Circuit Court for Baltimore County. The description of the lot as contained in the declaration in ejectment referred to in the opinion of the Court is as follows: Beginning for the same on the line of the southeastern side of Lee street, in the City of Baltimore, at the distance of 340 feet, 7 inches, southwesterly from the corner formed hy the…
1Opinion of the CourtAlvey, J.
This case was taken from the jury by the instruction given hy the Court below, and, as the case was presented on the part of the plaintiff, we do not see that the Court could have done otherwise.
The action was ejectment for the recovery of a lot of ground in the City of Baltimore, on Lee Street. To maintain the action, it was necessary that the plaintiff should have shown that he had, both at the time of the institution of the suit and at the time of trial, the legal title and right to possession of the premises sued for. Carroll vs. Norwood, 5 H. & J., 155. Without showing this character of…
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