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BRAZEROL v. HUDSON

[No. 432, September Term, 1970.]

262 Md. 269 (1971)

277 A.2d 585

BRAZEROL ET UX. v. HUDSON ET AL.

Court of Appeals of Maryland.

Decided June 1, 1971.

Attorney(s) appearing for the Case

Howard L. Stern, with whom were Kahler, Shipley & O'Malley on the brief, for appellants.

Susan E. Pfeifer, with whom were Joseph Patrick Clancy and Richey & Clancy on the brief, for Silver Hill Sand, Gravel and Concrete Company, part of appellees. No brief filed on behalf of other appellees.

The cause was argued before HAMMOND, C.J., and BARNES, FINAN, SINGLEY and SMITH, JJ.

BARNES, J., delivered the opinion of the Court.

The two questions presented to us in this case involving alleged trespass to land are (1) Did the appellants, Alfred J. Brazerol and Shelby J. Brazerol, his wife — plaintiffs below — prove a trespass to their land? and (2) Did the trial court err in allegedly finding justification for the supposed trespass when there had been no special plea filed by the appellees — defendants below — pleading...

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