28 Md. 497 | Md. | 1868
delivered the opinion of this Court.
This is an action of ejectment, in which the lessors of the plaintiff claim title to the land in dispute, as heirs-at-law, in different degrees, of Jacob Giles, by collateral descent. It appears that John Giles, the father, who died in the year 1725, had, some time before his death, compounded for a tract of land called Upton Court, lying on the Patapsco river, in Baltimore county, but died before he obtained a patent therefor; and by his will, dated and admitted to probate in 1725, he devised a. part of Upton Court to his son John Giles, and the residue thereof to his son Jacob Giles. This will of the elder John Giles discloses the fact that he had, at the date of the will, eight children; three sons and five daughters; namely, John, Jacob, Nathaniel, Betty Lewis, Sophia Murray, Anna, Mary and Sarah. The three sons were made executors of the will of the father. It also appears that on the 12th of August, 1731, a patent for Upton Court issued to John Giles, the son and devisee, who, by deed of the 28th of February, 1732, granted, released and confirmed to his brother, Jacob Giles, all that part of Upton Court which had been devised to the latter by the will of the father; and on the 1st of March, 1732, Jacob Giles conveyed to John Moale, the ancestor of the appellee, a parcel of Upton Court, supposed to contain two hundred acres, more or less; but that such conveyance to Moale did not embrace the entire portion of Upton Court conveyed to Jacob Giles, by the deed of his brother, of the 28th of February, 1732. And it is for the recovery of the residue of such parcel of Upton Court, conveyed by the deed of the 28th of February, 1732, and not embraced in the deed to Moale, that this action is brought. It is alleged that Jacob Giles never parted with such residue of the parcel of Upton Court, conveyed to him by his brother, and that ho died without issue and intestate; and that all the blood of John Giles, the elder, has become extinct, except the descendants of Anna or Anna Maria, one of the daughters of John Giles, Sr., and a sister of Jacob, who married Oliver
At the trial below there were several prayers offered by the respective parties; and eight of those on the'part of the plaintiff were granted, as were two of those on the part of the defendant. The ninth prayer, however, of the plaintiff, was refused; and that, and the two prayers of the defendant that were granted, presented the question of the title of the lessors of the plaintiff and their right to recover in this action. The Court, after ruling upon the prayers offered, further instructed the jury that the plaintiff could not recover; and upon the ruling in reference to the ninth prayer of the plaintiff, and the decisive instruction of the Court, against the right of the plaintiff to recover, the primary question is presented, whether there was evidence in the cause, legally sufficient, to be considered by the jury, tending to establish title in the lessors of the plaintiff. It was incumbent upon the lessors of the plaintiff claiming as they do, by collateral descent, to show who was last legally seized of the land in controversy, and then to prove his'death, without issue; and next to prove all the different links in the chain of descent, which'will show that the person so last seized, and the claimants, descended from some common ancestor; together with the extinction of all those lines of descent which could claim in preference to the lessors of the plaintiff. They must prove the marriages, births and deaths, and the identity of persons, necessary to fix title in themselves, to the exclusion of others who would have, if in existence, a better title to the land sought to be recovered. The facts first in order, to he established by the lessors of the plaintiff, in the deduction of title, wore, that Jacob Giles, the propositus, died before the bringing of this action; and that ho died without issue; as his lineal descendants, if any, would exclude all collateral kindred. It is contended, however, on the part of the plaintiff, that both of these facts are made evident by presumption, under the facts
The testimony given in reference to Jacob Giles, and the Giles family, was of the most vague and indefinite character, and such as from which no satisfactory conclusion could have been drawn. The witnesses upon whose deposition reliance is placed to establish the extinction of all the blood of John Giles, Sr., except that through Anna Maria Cromwell, were Henry Linthieum, Elizabeth Linthicuin and Mrs. Matilda H. Stewart. The first named witness says he had no acquaintance with the Giles family. He married into the Cromwell family, and he traces with sufficient accuracy the pedigree of that family, and shows it to be very extensive. He says he had “ understood from Ms wife, that the children of John Giles, Sr., were John Giles, Jr., and Jacob Giles, and, he thinks, Nathaniel Giles and Anna Maria Gilts. Witness thinks John Giles, Jr., left two daughters, but does not remember their names, but thinks one of them was named Sarah and the other Elizabeth, and does not know whether they were married, but thinks he understood that they did not marry, but is not sure about it. Witness never heard of any issue from Jacob, and he thinks ho understood he died without issue.” This witness’ knowledge, gathered from his wife, or whatever other source, seems to be exceedingly defective, so far as it concerns the Giles family. He seems never to have
And although the weight of evidence is for the jury, yet, when the question is raised, as it is here, as- to whether there be any evidence legally sufficient to be submitted to them, to enable them to find the facts sought to be established, it becomes the duty of the Court to look to the whole evidence-adduced, and determine as well from its quality as its general tenor, whether, after deducing all reasonable inferences therefrom, it be legally sufficient to constitute the foundation of a verdict; — whether a verdict founded upon it, could in justice and judicial propriety be allowed to stand? If not,it is clearly the duty of the Court to instruct the jury that there is no evidence legally sufficient to be considered by them. That was done in this case and we think rightfully clone. If the testimony of the witnesses referred to, contains any probative force at all, in regard to Jacob Giles, it is to establish, the fact of his death before the year 1787, the time when the
As we discover no error in the rulings of the Court below, its judgment will be affirmed.
Judgment affirmed.