Maydwell v. Carroll

Decided December 15, 1813

Court of Appeals of Maryland · decided 1813-12-15

Ejectment brought by the appellant to recover a tract of land called Merryman*s Lot, on separate demises of one fifth part by each of the lessors The defendant, (now appellee,) took defence on warrant, and plots were returned. 1. At the trial, the plaintiff read in evidence a patent granted to Charles Merryman and Nicholas Haile, on the 6th of May 1689, for Merryman’s Lot, containing 210 acres, more or less.

Decided 1813-12-15

Chase, Ch. J.

¶1delivered the opinion of the court, stating, that in the case of Carroll's Lessee vs. Maydwell, et al. (ante 292,) whjch was, very fully- argued by the counsel con- • cerned, the cuu.rt had, formed an opinion on the- question as *367fo the exchange ¿t the lands, and which was, tíiat such án exchange cannot be proved by parol evidence,, and ihejr were therefore of opinion, in this case, that the appellant had not made title to the land in dispute. The court consequently concurred in the opinions declared by the court below in each of the bills of exceptions.

¶2JUDGMENT AFFIUMED.