Storr v. James
Court of Appeals of Maryland
Appeal from the Circuit Court for Dorchester County. The controversy between the parties to this appeal related chiefly to the true location of the lines describing their respective tracts of land.
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Appeal from the Circuit Court for Dorchester County. The controversy between the parties to this appeal related chiefly to the true location of the lines describing their respective tracts of land. The trial Court (Holland and Lloyd, JJ.), granted the following prayers : Plaintiff's ist Prayer.—That if the jury believe from the evidence that the plaintiff had actual, notorious, adverse, exclusive, uninterrupted and continuous possession of the land mentioned in the declaration and laid down in the surveyor’s plot in evidence in the cause on behalf of the plaintiff, by actual enclosures and…
1Opinion of the CourtMcSherry, C. J.
This is an action of trespass quare clausum fregit. To the declaration, which contains six counts, the defendant pleaded that he did not commit the wnong alleged ; second, liberum tenementum; and third, that the land mentioned in the narr. was not, at the time the alleged trespasses were committed, the land of the plaintiff. He then took defence on warrant. Issue was joined on the first and third pleas, and by way of replication to the second plea the plaintiff new assigned. To the replications new assigning, the defendant rejoined that he did not commit the wrong alleged. The record contains…
2Cases cited2 opinions
- Manning v. BrownCourt of Appeals of Maryland · 1878
- Doolittle v. TiceNew York Supreme Court · 1863
3Cited by7 opinions
- Ager v. Baltimore Transit Co.Court of Appeals of Maryland · 1957
- Burgess & Commissioners v. StocksdaleCourt of Appeals of Maryland · 1902
- Tamburo v. MillerCourt of Appeals of Maryland · 1953
- Rosenkovitz v. United Railways & Electric Co.Court of Appeals of Maryland · 1908
- Costello v. StaubitzCourt of Appeals of Maryland · 1984
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