Howard v. Carpenter
Court of Appeals of Maryland
Appeal from tbe Circuit Court for Baltimore County: . This was an action of Ejectment brought on the 24th of October 1851, by the appellant, trustee of Elizabeth Jer-nyngham, Lady Stafford, against the Appellee, to recover possession of a lot of ground near Caton'sville, Maryland.* Plea non cul., and issue. Exception.
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Appeal from tbe Circuit Court for Baltimore County: . This was an action of Ejectment brought on the 24th of October 1851, by the appellant, trustee of Elizabeth Jer-nyngham, Lady Stafford, against the Appellee, to recover possession of a lot of ground near Caton'sville, Maryland.* Plea non cul., and issue. Exception. At tbe trial of tbe cause tbe plaintiff, to maintain tbe issue on bis part joined, offered in evidence tbe following agreements, duly entitled, and signed by tbe attorneys of tbe plaintiff and defendant. Isi Agreement. “It is admitted, in this ease, tbat tbe title to tbe…
1Opinion of the CourtBaRTOl, J.
•The Circuit Court for Baltimore County, from whose judgment, this appeal was taken, instructed the jury “that there being no evidence in the cause of any notice to the defendant to quit the premises in question, or of any demand or request that he should surrender the possession thereof, given or made prior to the institution of these proceedings, the plaintiff is not entitled to recover.” One of the points made by the appellant in the argument *23was, that the instruction was erroneous, in assuming that Carpenter was tenant, which was a question of fact that ought to have been submitted to the…
2Cases cited4 opinions
- Whiteside v. JacksonNew York Supreme Court · 1828
- Jackson ex dem. Shipley v. MoncriefNew York Supreme Court · 1830
- Howard v. CarpenterCourt of Appeals of Maryland · 1857
- McColgan v. HopkinsCourt of Appeals of Maryland · 1861
3Cited by4 opinions
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- Delauter v. ShaferCourt of Appeals of Maryland · 2003
- Uthus v. Valley Mill CampCourt of Special Appeals of Maryland · 2019
- Ensor v. BolgianoCourt of Appeals of Maryland · 1887