NAMES OF THE CASES

REPORTED IN THIS VOLUME.

Alexander vs. Stewart, et al,

Allegre's Adm❜rs vs. Maryland Insurance Company,

Allison vs. Miller,

Anderson vs. Negro Julia,

Barnet vs. Wilson,

Belt vs. Hall,

Boteler and Belt vs. State use Chew,

Bowen vs. Sellman,

Boyer vs. Calwell,

Calwell vs. Boyer,

Clarke vs. State use Darnall,

Clary and Clary vs. Frayer,

Condon vs. Wilmington, &c. Rail Road Company,

Dandridge vs. Pennsylvania, &c. Steam Navigation Company,
Davidson vs. Marfield,

Davis vs. Fulton,

Delaware and Maryland Rail Road Company vs. Stump,

Dilly vs. Heckrotte and Barnard,

Ellicott vs. United States Insurance Company,

Ridgely, et al vs. Richardson,

Morton, Adm'r of Clagett vs. Negro John, et al,

Negro John, et al vs. Morton, Adm'r of Clagett,

Newton vs. Turpin's Adm'rs,

Pannell vs. Williams,

Pennsylvania, &c. Steam Navigation Co. vs. Dandridge,

Planters' Bank vs. Farmers and Mechanics' Bank,

Pocock vs. Hendricks,

Poultney, et al vs. Union Bank of Maryland,

Richardson vs. Ridgely, et al,

Schroeder vs. Maryland Savings Institution,

391

391

32

Sellman vs. Bowen,

50

Sentzner vs. Zeigler,

150

Sothoron vs. Hardy,

133

359

State use Darnall vs. Clarke,

111

State use Robey vs. Turner,

125

Stewart, et al vs. Alexander,

226

Stewart's Lessee vs. Evans,

1

CASES

ARGUED AND DETERMINED

IN THE

COURT OF APPEALS

OF

MARYLAND.

June Term, 1836.

JAMES STEWART'S LESSEE vs. ROBERT JONES, of GEORGE. E. S. June, 1836.

J. S. died in 1797, intestate, and seized of two parcels of land, which had descended to her from her father, leaving an only brother, her heir at law. Upon his death without issue, and intestate, it was Held, that though the descent from his sister to him was an immediate descent, according to the principles of common law, it was also mediate from the father, from whom the brother derived his inheritable blood; and was therefore a descent upon the part of the father, and embraced by the act of descents of 1786, ch 45. Though according to the principles of the English law of descents, the descent from brother to brother is immediate, and title may be made by one brother to another, without mentioning their common ancestor; yet such ancestor is regarded as the fountain of inheritable blood, and consequently the descent is mediate from him.

The legislature of this State, by the act of 1786, ch. 45, changed the Englisk common law of descents in many of its essential features, and imparted new inheritable capacities unknown to that law. On failure of lineal heirs in the descending line, if the estate descended to the intestate on the part of the father, it directs that it shall descend to the brothers and sisters of the blood of the father, without discriminating between the whole, and the half bloods; showing manifestly, that though the descent is immediate from the person who died seized, the inheritable blood is derived from the ancestor, from whom the estate descended to such person.