73 Md. 181 | Md. | 1890
delivered the opinion of the Court.
Christian Thomas brought trespass quare clausum fregit against Abraham E. Albert. The defendant pleaded not guilty, and for a further defence set up a right-of-way over the locus in quo. This right is claimed under certain deeds made by the executors of Samuel Eichelberger, deceased, in pursuance of power given in his will. It has been a very difficult matter to obtain from the record a clear idea of the relative locations of the different lots of ground mentioned in the evidence. In most instances their boundaries are stated to he other lots which are described only by their owners’ names. A simple diagram would have relieved the Court of a good deal of Libor. It was not disputed that the plaintiff was in peaceful possession, under enclosures, of the lot of ground on which the trespass was alleged to have been committed. His title was derived from two deeds; one from Eichelberger’s executors to Middlekauff, and the other from Middlekauff and wife to plaintiff’s father, under whose will he claimed. Both of these deeds were made in 1866, and were in fee. The deed to Middlekauff conveyed lots designated on a plat of Eichelberger’s real estate as numbers 2, 3, I and 8. This plat was not produced at the trial, and was stated to have been lost. The description of them given in the deed is as follows: “ Numbers 2 and 3, fronting on the west side of South Potomac street, in Hagerstown, and adjoining the property sold by us as executors aforesaid,' to Matthew S. Barber, on the north, and on the south the lot sold to John Gr. Knode, fifty-eight feet, and running back with the two parallel lines one hundred and eighty feet to lot No. I; also lot No. I, lying west of
The evidence tended to show that the defendant was building a stable on the Heffner lot, which was occupied by him under a demise from the owners; but the stable was not located on that part of the lot which came from Eichelberger. He broke down the plaintiff’s fence, and hauled the materials for building the stable over the plaintiff’s land along the line of the alleyway. He did not approach the lot on the side where the Eichelberger portion lay, but on the opposite side, where the property
As the judgment will be affirmed, there is no necessity for discussing the motion to dismiss the appeal.
Judgment affirmed.