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
The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2832   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

2832 ARTICLE 75

An. Code, 1924, sec. 79. 1912, sec. 74. 1904, sec. 74. 1888, sec. 71. 1872, ch. 346.

79. When the lands sued for lie contiguous to each other and in ad-
joining counties, suit may be brought for the whole in any of said coun-
ties in which any of the defendants reside; and if none of the defendants
reside in any of said counties, then the suit may be brought in the county
where the largest part of the land lies, and the sheriff and surveyor of
the county in which the suit is brought shall have power to execute and
return the warrant of resurvey of all the lands so sued for, and said
sheriff shall also have power to execute a writ of habere facias posses-
sionem for all of said lands.

The jurisdiction conferred by this section is general extending to all the common law

courts, its object being prevention of multiplicity of suits. The objection that narr.

does not show that greater part of land was located in county or city where suit

was brought cannot be made after verdict. Northern Central Ry. Co. v. Canton Co.,

24 Md. 499.

Except in cases provided for by this section, ejectment must be brought in court
having jurisdiction where property is located. Baltimore v. Meredith's Ford Turnpike
Co., 104 Md. 359.

See notes to sec. 76.

An. Code, 1924, sec. 80. 1912, sec. 75. 1904, sec. 75. 1888, sec. 72. 1829, ch. 186, sec. 1.

1882, ch. 372.

80. In any action of ejectment against two or more defendants they
may sever their defense; but if plats be necessary, there shall be but three
sets returned, which shall show the claims and pretensions of all the parties.
See notes to sec. 76.

An. Code, 1924, sec. 81. 1912, sec. 76. 1904, sec. 76. 1888, sec. 73. 1829, ch. 186, sec. 3.

81. Where defendants in ejectment sever in their defense, the court
shall apportion the costs in such manner as may seem reasonable and just.
See notes to sec. 76.

An. Code, 1924, see. 82. 1912, sec. 77. 1904, sec. 77. 1888, sec. 74. 1833, ch. 276, sec. 2.

82. In all cases of a joint holding by two or more persons, they may
declare jointly whether they hold as joint tenants, tenants in common or
in any other manner.

See notes to secs. 76 and 83.

An. Code, 1924, sec. 83. 1912, sec. 78. 1904, sec. 78. 1888, sec. 75. 1833, ch. 276, sec. 3.

83. If, on the trial of an ejectment, title be shown in any of the plain-
tiffs, it shall be sufficient to authorize him to recover to the extent of such
title, though other plaintiffs may be joined who have no interest, or may
have parted with their interest.

Since the passage of this and preceding section, the objection that plaintiffs could
not recover an undivided three-fourths interest in land under a declaration in which
they claim entire tract cannot be maintained. Matthews v. Turner, 64 Md. 121.

See notes to sec. 76.

An. Code, 1924, sec. 84. 1912, sec. 79. 1904, sec. 79. 1888, sec. 76. 1852, ch. 177, sec. 2.

84. In all actions at law, where the title to land is in question, it shall
not be necessary for any party to any such action to prove that the lands
in controversy have been patented; but a patent shall in all cases be pre-
sumed in favor of the party showing a title otherwise good; and actual
enclosure shall not be necessary to prove possession, but acts of exclusive


 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2832   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