clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search		 search for:
clear space
white space
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 62   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>
clear space clear space clear space white space

62 HIGH COURT OF CHANCERY.
Anne Arundel county, and the land conveyed as lying in Bal-
timore county, yet said, that the party offering the deed might
give evidence, aliunde, that the grantors resided in Prince
George's, if such was .the fact; and accordingly, upon the
second trial in the General Court, evidence to that effect was
offered. Upon this evidence, the General Court instructed
the jury that a temporary residence was sufficient, and stated,
hypothetically, various facts which, they said, if found by the
jury, would establish such temporary residence; and the ver-
dict being for the plaintiff, the case was again taken up upon
appeal.
The Court of Appeals again reversed the judgment of the
General Court, thus not only dissenting from the instructions
given to the jury upon the second trial, but again declaring
the deed from Ogle and wife inadmissible.
Upon turning to the certificate of the Clerk of Prince
George's County Court, as to the qualification of the justices
of the peace who took the acknowledgment of Mr. and Mrs.
Ogle, it will be found that, instead of using the words con-
tained in the 3d section of the Act of 1766, ch. 14, that the
justices by whom the acknowledgment was taken, were " duly
commissioned and sworn," he says they were "legally au-
thorized and assigned;" and this was made an objection to the
deed. The General Court, however, decided that the certifi-
cate was good and sufficient in law to warrant the enrolling
the deed by the Clerk of Baltimore County Court, and the
Court of Appeals said that the said certificate gave an autho-
rity to the Clerk of Baltimore County Court to record the
deed, being of opinion that the words " legally authorized and
assigned" were within the meaning of the Act of Assembly.
Upon recurring to the 3d section of the Act of 1766, ch. 14,
it will be seen that the certificate of the Clerk of the county,
as to the qualification of the magistrates before whom the ac-
knowledgment is made, as therein provided, is declared to be
" a sufficient warrant for the Clerk of the county where the
lands do lie, to enrol the deed or conveyance and the endorse-
ment thereon;" and all the Court of Appeals can be under-

  		clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 62   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.

Tell Us What You Think About the Maryland State Archives Website!

An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives