Supreme Court of Maryland, 1769

Carvill's Lessee v. Griffith

Supreme Court of Maryland · Decided May 15, 1769

1 Md. 297

Counsel

G. Garnett, for plaintiff, on the special verdict*, W. Paca, on the same side., S. Bordley, junior, contra,, Johnson, same side., Paca, in reply., «S'. Bordley, junior, for defendant., T. Johnson, same side., Garnett, for plaintiff., Johnson, for plaintiff in error,, Hall, on the same side., Taca, for the defendant in error., Johnson, in reply.

Opinion of the Court

It has been said that the King has an election to sue in what Court he pleases; but that is no argument, to say that the grantee of the King has the same privilege, for the King cannot communicate or assign it even by express words ; but the rule is vice versa, for where the King purchases lands of a subject, he shall hold it without any diminution of his privileges ; but the subject cannot partake of them in any grant of lands from the crown.

The Court of Appeals at February Term, 1772, reversed the judgment of the Provincial Court.

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