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11 G. & J. 310

Crawford v. Berry

Court of Appeals of Maryland

Decided December 15, 1840

Court of Appeals of Maryland · decided 1840-12-15

This was an action of trespass Q. C. F., for a trespass upon Greenwood. The defendant pleaded not guilty, and took defence on warrant. At the trial of this cause, the plaintiff, to maintain the issue on his part, read in evidence to the jury the certificate of resurvey of the tract of land called Greenwood Park, in the declaration mentioned, and proved that the same corresponded with the location thereof made by him upon the plots, and proved title in himself to said tract.

Decided 1840-12-15

Archer, J.,

¶1delivered the opinion of the court.

¶2We think the evidence proposed to be offered, was neither admissible to prove location on the part of the plaintiff, nor to contradict the witness.

¶3It is said in Mundell vs. Perry, 2 Gill & John. 205, that the object and intention of introducing plots in the cause, is to give certainty to the claim and defence; and to apprise the parties that the location of other lands, is to be used, to illustrate and support the location of those under which they claim title, and to prevent surprise. The same doctrine is laid down in 7 Gill & John. 68, and that no title paper, not located, can be offered in evidence, and as the court enquired there, we ask here, was there any location on the plots corresponding with the resurvey on Greenwood Park? There certainly was not; and the answer to this question, is decisive of the point in controversy.

¶4Nor do we think it was admissible in evidence to contradict the witness. If under any circumstances it could have been received for such a purpose, a certified copy should have been produced the best evidence.

¶5JUDGMENT AFFIRMED»

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