Jacob Tome Institute v. Davis

Citations

• 87 Md. 591
• 41 A. 166
• 1898 Md. LEXIS 167

Syllabus

<p>Ejectment—Defence on Warrant—Locations— Title by Adverse Possession to Part of the Land Sued for—Right of Lessee'of Riparian Lot to Make Additions Thereto—Evidence—Instructions to Surveyor—Amendment of Certificate of Survey—Parol License to Pass Over Land—Proof of Possession—Testimony of a Deceased Witness Upon Another Trial.</p> <p>In an action of ejectment when defence is taken on warrant and the defendant’s title to the land depends upon the correctness with which certain deeds are located, and when it is the province of the jury to determine the question of correctness, the defendant is entitled to have the jury specifically instructed as to the facts upon which his rights depend.</p> <p>When the plaintiff establishes a title by adverse possession to a part ■ of the land sued for, he is entitled to recover as to such part.</p> <p>When an Act of the Legislature authorizes the proprietors of lots binding on a navigable river to extend the same into the water, a lessee of such a lot for 99 years, renewable forever, is entitled to make the extensions and when made he holds them in fee.</p> <p>In an action of ejectment a map not made by public authority nor proved to be correct, cannot be used to enable a witness to testify as to the position of objects shown upon it which were of importance in establishing the location of a boundary line of the land in dispute.</p> <p>When locations are made in an action of ejectment, it is the duty of the surveyor to make them according to the instructions of the parties, and these instructions must be specific as to boundaries, courses, distances, etc. The surveyor’s return of a location not made in pursuance of such instruction is unwarranted.</p> <p>A location must be accompanied by competent evidence tending to show that it was correctly made. And a location made by means of another map not found to be correct is not admissible.</p> <p>Code, Art. 75, sec. 81, providing for the amendment at bar of plats ' and certificates of