|
|
|
|
|
|
|
ART. LXXV] PRACTICE. 553
Arbitration and Award.
46.
An arbitration under this and the following sections upheld. Under
what circumstances an award will be set aside. Dominion Marble Co. v.
Morrow, 130 Md. 258.
Ejectment.
71.
The plea of "not guilty" admits the possession and ejectment, and puts
in issue the title to the premises, the right of possession, and the amount
of damages. Admission of evidence held not reversible error. Abromatis
v. Amos, 127 Md. 397, 400.
See notes to section 73.
73.
In a proceeding under this section, rent falling due subsequent to the
filing of the declaration cannot be recovered, qua rent; such rent may,
however, be considered in fixing the plaintiff's damages. The right to
rent and taxes due prior to the filing of the declaration is not extinguished
by an action of ejectment. As this section does not provide what shall be
included in the declaration, section 71 must be looked to for that pur-
pose; declaration held m compliance with section 71. Not only the plain-
tiff's right of possession, but damages and mesne profits may be recovered
under this section as well as under section 71. Where a suit is brought
under section 73, claiming the recovery of certain items, the same items
cannot be recovered in a subsequent suit; res adjudicata. History of this
section. Gibbs v. Didier, 125 Md. 493.
79.
Except for an omission of courses and distances it would not have been
necessary in an action of trespass q. c. f., to have offered a patent in evi-
dence in view of this section. Since plaintiffs and those under whom they
claim held title to the lot since 1855, the law would presume a patent.
Malone v. Long, 128 Md. 381.
80.
This section made radical changes in the practice. The court may, when
it is satisfied that there is a dispute about the boundaries, order a warrant
of re-survey to be issued although the defendant has not taken defence on
warrant; when a warrant is so issued, the practice applicable to surveys
made after defence on warrant is taken, applies. The defendant may no
longer take defense on warrant as a matter of right, and have a re-survey
of the disputed land. Application must be made to the court and the war-
rant can only issue on its order or by agreement of parties. Under section
82 the warrant may be taken out at the instance of either party. The
foregoing statements apply in an action of trespass q. c. f. Where the title
depends upon conflicting contentions or disputed lines, and a warrant of
re-survey is issued, the evidence must be restricted to such objects, etc.,
as are located on the plats. Andrews v. Pitts, 126 Md. 333
81.
See notes to section 80.
82.
See notes to section 80.
85.
See notes to section 80.
|
|
|
|
|
|
|
|
 |
