Bevans v. Taylor

Decided June 15, 1825

Court of Appeals of Maryland · decided 1825-06-15

Ejectment forpart of a tract ot land called Temple Comb. The declaration contained two counts; the first on demises by Teackle Taylor, Alexander Taylor, Nancy Taylor, James Buby, and Peggy his wife, and James Taylor, and the second on a demise by Teackle Taylor. Defence was taken on warrant, and plots were returned. Non cul and issue joined.

Decided 1825-06-15

¶1At this term,

¶2JUDGMENT AFFIRMED, (a)

¶3Where A, seized in fee simple of land, devised it for life, and dies, leaving B his heir at law, who dies before the termination of the estate for life, the heirs of B are not, as such, entitled to the land, after the death of the tenant for life; for B had not such a seizin as to create a new stock of descent.

¶4A person claiming land by descent, must entitle himself as heir of hint who was last actually seized in fee. Jackson vs. Hilton, 16 Johns, Rep. 96. See Jackson vs. Hendericks, 3 Johns. Cas. 214; and Bates vs. Shraeder, 13 Johns. Rep. 200.