Hammond v. Morrison's Lessee
| Decision Date | 30 June 1870 |
| Citation | 33 Md. 95 |
| Parties | THOMAS HAMMOND, Joseph G. Nesbitt and Wesley Dyche v. JAMES MORRISON'S LESSEE. |
| Court | Maryland Court of Appeals |
Appeal from the Circuit Court for Allegany County.
This was an ejectment by the appellee against the appellants, for a tract of land called "The Trap," which was patented to Nathaniel Beall Magruder, on the 27th of May, 1803. It was surveyed under a common warrant, dated the 4th of February, 1789.
The patentee on the 15th of August, 1803, conveyed "The Trap" to Adam Sigler and James Morrison.
James Morrison, one of the grantees of Magruder, devised all his real estate to his son, John Morrison, in fee simple, and died about the year 1824, and his son and devisee died about the year 1829, leaving a widow, Theodosia, who died in 1840 and two children, John and James Morrison, his heirs at law. The title of James Morrison, the grantee of Magruder, thus came to James Morrison, the grand-son, who is the lessor of the plaintiff.
The defendants took defense for military lots 3905 and 3907, as located on the plats in the cause, except parts of lot 3905.
They relied on a patent to Thomas Johnson, dated the 21st of March, 1814, for said lots 3905 and 3907. The title of Johnson to said lots had come by regular conveyances to Thomas Hammond, one of the appellants.
The appellee offered evidence that James Morrison, the grantee of Magruder, lived on the land fifty to sixty years ago enclosed a portion of it, claimed the whole of it as his own and drove trespassers from it; that John Morrison, his son and his son's widow and children, had continued to hold and occupy it as their own exclusively down to the present time; and that Adam Sigler, the other grantee in Magruder's deed, never exercised any acts of ownership over the land in controversy.
The appellants then offered a deed from Adam Sigler to James Murphy for his interest in "The Trap" and other lands, dated April 17th, 1827.
The appellee then proved that Murphy lived on the Murphy farm, in the neighborhood of "The Trap," and died about 1847 or 1848; that he left several children, all of age, and that one of them, George, rented "The Trap" of the Morrisons, and paid them rent for several years after the death of his father, and left on notice to quit.
Exception.--The plaintiff offered the following prayers:
1. That if the jury find from the evidence in the cause, that the patent to Nathaniel Beall Magruder, offered in evidence, was issued, and that the deed from him to Adam Sigler and James Morrison was executed and delivered, that such patent and deed vested in said James Morrison an undivided moiety of said tract called "The Trap," and if they further find that the title of said James Morrison to said tract was devised by him, to his son, John, and that the right and title of said devisee has been transmitted by conveyances and descent to the lessor of the plaintiff, then the plaintiff is entitled to recover the said undivided moiety in this cause.
2. That if the jury find from the evidence in the cause the facts stated in the first prayer, and also that James Morrison and those claiming under him, were in exclusive, continuous and adverse possession of said tract of land called "The Trap" for twenty years previous to the commencement of this suit, claiming title to the whole of said tract, and that Adam Sigler, James Murphy, and the heirs at law of said Murphy, lived close to said tract during the time they were so in possession, and knew that they were so in possession and claiming adversely, then the plaintiff is entitled to recover the whole of said tract.
3. That if the jury find the facts stated in the first prayer, and also that James Morrison was in possession of the tract called "The Trap," in his lifetime, and for eight or ten years before his death; that he devised it by will to his son, John, and died about the year 1824, and that his son, John, and those claiming under him, including the lessor of the plaintiff, have had possession of it from the time of the death of said James till within the last five years, and that said James and his son, John, and those claiming under them, including the lessor of the plaintiff, had part of said tract enclosed and cultivated it during that time, and claimed title to the whole of it adversely, and had the exclusive possession of it during all that time, and that Adam Sigler, James Murphy, and the heirs at law of said Murphy, knew of said adverse claim of ownership and possession during all that time, then the plaintiff is entitled to recover the whole of said tract.
And the defendants prayed the court to instruct the jury, as follows:
1. That if they shall believe from the evidence in this case, that a common warrant was issued on the 4th of February, 1789, and that a survey thereunder was made, a certificate returned on the 15th of July, 1789, and that a patent thereon was issued on the 27th of May, 1803, by the name of "The Trap," to Nathaniel B. Magruder; and if the jury shall further find, that said warrant was located on said ground embraced on the lines of lots numbered 3905 and 3907, or either or both of them, that the certificate and the patent issued thereon were void, and cannot be received in evidence for any purpose.
2. That if they shall believe the facts set forth in the first prayer, and shall further find, that the deed from Nathaniel Beall Magruder to Adam Sigler and James Morrison, dated 15th of August, 1803, as offered in evidence, was for the same land contained in the said patent for "The Trap," then the said deed conveys no title, and cannot be offered in evidence for any purpose.
3. If the jury shall believe the facts stated in the aforegoing prayers, and that the said James Morrison, and those claiming under him, took possession and held the said land under the said titles, that then the said James Morrison was a mere...
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