Roe v. Doe
Court of Appeals of Maryland
Appear from the Circuit Court for Charles County : Action of Ejectment by tbe appellant against the appellee. Mrs. Anne R. Saxton by her will made in 1858, devised certain land to her son and only child, Joseph A. 'Posey, “and the heirs of Ms body lawfully begotten,” with a void limitation over. Joseph A. Posey died without ever being married and intestate, leaving the appellant John Y. Posey, his paternal half brother, and the appellee John L. Budd, his maternal uncle.
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Appear from the Circuit Court for Charles County : Action of Ejectment by tbe appellant against the appellee. Mrs. Anne R. Saxton by her will made in 1858, devised certain land to her son and only child, Joseph A. 'Posey, “and the heirs of Ms body lawfully begotten,” with a void limitation over. Joseph A. Posey died without ever being married and intestate, leaving the appellant John Y. Posey, his paternal half brother, and the appellee John L. Budd, his maternal uncle. The former brought an action of ejectment to recover the land, and the verdict and judgment being against him, Ms taken the…
1Opinion of the CourtBowie, C. J.
The principle of the common law, that a will, devising an estate in land of the same quality and quantity, to a person, who would take the same as heir at law, shall not operate so as to break the descent, but the heir shall take as heir, and not as devisee, that being the worthier title, was early recognised and adopted in this State. Phillips vs. Dashiell, 1 H. & J., 478. Where parties claim adversely as collateral heirs at law, to a propositus, who died seized of lands derived from an ancestor, under these circumstances the question, whether he took by purchase or by descent, is…
2Cases cited4 opinions
- Tongue's Lessee v. NutwellCourt of Appeals of Maryland · 1859
- Hall v. JacobsCourt of Appeals of Maryland · 1817
- Stewart's v. JonesCourt of Appeals of Maryland · 1836
- Jones v. JonesCourt of Appeals of Maryland · 1806
3Cited by5 opinions
- Williar v. Baltimore Butchers' Loan & Annuity Ass'nCourt of Appeals of Maryland · 1877
- Pennington v. PenningtonCourt of Appeals of Maryland · 1889
- Wallis v. WoodlandCourt of Appeals of Maryland · 1870
- Josetti v. McGregorCourt of Appeals of Maryland · 1878
- Neal v. ComegysCourt of Appeals of Maryland · 1871