Legal Opinion

Miles v. Knott

Court of Appeals of Maryland

Decided December 15, 1842PublishedCited by 8 opinions

Appeal from Saint Mary's county court. This was an action of Ejectment, brought on the 28th January, 1834, by the appellee against Eleanor Ellis, fora tract of land called Penerine. At August term, 1834, she appeared, pleaded not guilty, and took defence on warrant, on which issues were joined. Her death being suggested, the appellant, her tenant in possession, was summoned, and appeared to the action.

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Appeal from Saint Mary's county court. This was an action of Ejectment, brought on the 28th January, 1834, by the appellee against Eleanor Ellis, fora tract of land called Penerine. At August term, 1834, she appeared, pleaded not guilty, and took defence on warrant, on which issues were joined. Her death being suggested, the appellant, her tenant in possession, was summoned, and appeared to the action. At March term, 1841, a jury was sworn, who returned a verdict, that the defendant in possession was guilty of the trespass and ejectment aforesaid, “of and in all that part of the tract or…

1Opinion of the CourtArcher, J.

The plaintiff to support the issue joined on his part, offered in evidence to the jury a record of the Court of Appeals, by which it appeared, that a judgment had been obtained in St. Mary’s county court, by Francis Knott against William H. Llewellin, for the sum of $295.83| cents and costs, on the first Monday of August, 1823; and was, on the 29th day of September, 1823, superseded, and in the confession of judgment by way of supersedeas, the amount of the judgment is stated to be $295.83f cents. From this supersedeas judgment, an appeal was taken to the Court of Appeals, and on the 16th…

2Cases cited3 opinions

  1. Jackson v. RobinsNew York Supreme Court · 1819
  2. Jackson ex dem. M'Crea v. BartlettNew York Supreme Court · 1811
  3. Parmelee v. HitchcockNew York Supreme Court · 1834

3Cited by8 opinions

  1. Shirk v. SoperCourt of Appeals of Maryland · 1923
  2. Manahan v. SammonCourt of Appeals of Maryland · 1853
  3. Wampler v. WolfingerCourt of Appeals of Maryland · 1859
  4. Hall v. ClagettCourt of Appeals of Maryland · 1885
  5. Tabler v. CastleCourt of Appeals of Maryland · 1864

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