368 BOUNDING LANDS. [ART. 15
under their hands, which return shall be received and recorded,
in the record of land commissions and returns of such court,
unless the court shall otherwise order because of the miscon-
duct of the commissioners.
1888, art. 15, sec. 15. 1860. art. 15, sec. 15. 1786, ch. 33, sec. 5.
15. If no suit or action shall be brought within five years
next after recording the return of the commissioners, to call in.
question their adjudication, the marking and bounding such
land as aforesaid, and the record thereof shall be conclusive
evidence of the original location thereof both as to the direc-
tion and termination of the lines; or if the adjudication of
the commissioners shall be confirmed by the verdict of a jury
in any such suit, the adjudication of the commissioners in the
point confirmed by the jury, and between the same parties and
those claiming under them, shall conclude to every intent and
purpose; provided, that every infant, married woman, insane
person, or person in prison and beyond sea, and those claiming
under either of them, shall have five years after the disability
removed to commence such suit or action.
Lowes v. Holbrook, 1 H & J. 153. Haffner v. Dickson, 2 H. & J. 46.
Hoye v. Swan, 5 Md. 241. Armstrong v. Risteau, 5 Md. 281.
Ibid. sec. 16. 1860, art. 15, sec. 16. 1786, ch. 33, sec 6.
16. If the parties interested have fairly agreed to settle the
lines of any land, and have fixed boundaries at the termination
of such lines ter mark and ascertain as well the direction as the
extent of the lines, or if such lines have been settled and ascer-
tained by arbitration, no commissioners shall have authority
between the same parties or those claiming under them, or
either of them, to vary from the lines so settled, agreed or
ascertained.
Ibid. sec. 17. 1860, art. 15, sec. 17. 1786, ch. 33, sec. 6.
17. If any persons shall agree to settle and ascertain the
location of their lands, and fix boundaries to the same, such
settlement and agreement, and a plot of the lands so settled,
may, by consent of the parties interested, be recorded in the
office of the clerk of the circuit court for the county, or superior
court of Baltimore city, and when recorded shall have the
same effect as if the location of such land had been settled by
commissioners.
|
|