Wallis v. Wilkinson

Fowler, J., delivered the opinion of the Court. It is difficult to ascertain from an examination of this record any sufficient reason why this appeal was taken, for it is apparent that no injury has been done to the appellants, whether the rulings of the Court below are correct or erroneous. And it is settled by numerous decisions of this Court that to justify a reversal there should be a concurrence of error on the part of the Court, and injury thereby resulting to the appellant. No such injury can be ascertained by an examination of this record.

This is an action of ejectment, and appears to have been brought to recover a tract of land which the plaintiffs, in the first count of their narr. allege they were in possession of, and which was devised to the plaintiff, Bettie W. "Wilkinson, for life, and at her death, to her son Albert L. Wilkinson, by the last will of Amelia B. ¹³⁰ Holliday. In the second count, they seek to recover their undivided half interest in a certain lot of land known as the woodland, which was devised hy said testatrix to the said plaintiff and the defendant, Susan B. Wallis, to he equally divided between them. To this declaration the defendants pleaded three pleas — the first of which was treated hy the Court, as well as hy counsel on both sides, as a disclaimer of all title to the triangular piece of land mentioned therein, and judgment therefor was entered in favor of the plaintiffs.

The second plea denies that the defendants- ejected plaintiffs from their joint possession of said woodland, and avers that proceedings are pending in the Circuit Court for Prince George’s County to divide the same among those entitled, and that a hill for this purpose had been filed hy the defendant, Susan B. Wallis. The third plea admits the possession, and also denies that defendants have ejected plaintiffs from said woodland. These pleas were demurred to hy the plaintiffs, and the demurrer was sustained, whereupon the defendants, without objection or exception to this ruling of the Court, asked leave to file a special plea to the same effect as the pleas above mentioned. This the Court very properly refused to allow, and this refusal forms the subject of the first hill of exceptions.

The defendants then pleaded the general issue of not guilty, and went to trial. The will referred to was read to the jury without objection, and the plaintiffs offered testimony tending to prove that the land mentioned in the first count of the amended narr. was embraced within the lines of the land devised hy said will to said plaintiffs, and also that they were entitled to an undivided