Legal Opinion

Armstrong v. Risteau's Lessee

Court of Appeals of Maryland

Decided December 15, 1853PublishedCited by 32 opinions

Appeal from Baltimore County Court. Ejectment by the appellee against the appellant for part of a tract of land called “Darnallsylvania.” Plea, non cut., and defence on warrant. The whole tract belonged many years ago to Hercules Courtenay, and as both parties claimed under him, it was agreed to dispense with the location of any earlier title than his.

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Appeal from Baltimore County Court. Ejectment by the appellee against the appellant for part of a tract of land called “Darnallsylvania.” Plea, non cut., and defence on warrant. The whole tract belonged many years ago to Hercules Courtenay, and as both parties claimed under him, it was agreed to dispense with the location of any earlier title than his. The following sketch, taken from the plats in the case and explanations thereof, will sufficiently illustrate the location of the land and explain the references thereto in the opinion of this court:' Explanations of the aforegoing Plat. 1. The…

1Opinion of the CourtTuck, J.

The appellee sued the appellant for the recovery of part of a tract of land called “Darnallsylvania.” At one lime this whole tract belonged to Hercules Courtenay, who was the father of the appellee’s wife, and who, in the year 1807, sold three hundred and thirty-one acres thereof to Daniel Chambers, under whom the appellant claims, by a devise to his son, Harry W. Chambers, and subsequent conveyances.

At the trial below, the appellee offered the will of Hercules Courtenay and other documentary evidence, from which it appears that he. devised his “dwelling plantation, consisting of parts of…

2Cases cited13 opinions

  1. Lessee of Ewing v. BurnetSupreme Court of the United States · 1837
  2. Casey's Lessee v. InloesCourt of Appeals of Maryland · 1844
  3. Ruggles v. KeelerNew York Supreme Court · 1808
  4. Kirk and Others, in Error v. Smith, Ex. Dem. Penn, in ErrorSupreme Court of the United States · 1824
  5. Day v. AlversonNew York Supreme Court · 1832

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3Cited by32 opinions

  1. Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860
  2. Birney v. New York & Washington Printing Telegraph Co.Court of Appeals of Maryland · 1862
  3. Goen v. SansburyCourt of Appeals of Maryland · 1959
  4. Chevy Chase Land Co. of Montgomery County v. United StatesUnited States Court of Federal Claims · 1997
  5. Tamburo v. MillerCourt of Appeals of Maryland · 1953

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