Beall v. Beall

Decided December 15, 1848

Court of Appeals of Maryland · decided 1848-12-15

This was an action of ejectment, brought by the lessors of the appellant, in 1846, against the appellees, for a certain lot of ground situated in the town of Cumberland, and described in a plat of said town as “lot No. 280,” being part of a tract of land called “ Walnut Bottom. ” At the trial, the plaintiffs to support the issue on their part, offered in evidence the patent for the tract of land called “ Walnut Bottom,” granted to George Mason on the 25th of March 1756, and-…

Decided 1848-12-15

Spence, J.,

¶1delivered the opinion of this court.

¶2In this case, it is the opinion of this court, that the county court properly refused to give the instruction asked by the plaintiffs’ prayer, inasmuch as it omitted several material facts, of which testimony had been offered, and which were essential to raise the question on which, by the prayer, the decision of the court was invoked.

¶3We therefore affirm the judgment; but as it does not appear to this court, that the substantia,! merits of this case are determined b.y the judgment, the clerk of this court is directed, under the provision of the act of 1830, ch. 186, to return the transcript of the record to the clerk of Allegany county court, with a writ of procedendo.

¶4JUDGMENT AFFIRMED AND CAUSE REMANDED, WITH PROCEDENDO UNDER THE ACT OF 1830, CH. 18.6,