Gallagher v. Shipley
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore City. The bill in this case was filed by the appellee, and alleged that he leased, on the 2d January, A. D. 1861, a parcel of land, consisting of seven separate fields, in Baltimore county, to W. S. Mabbett and J. McCullum, for eight years and eleven months, at an annual rent of $650, and filed the lease as an exhibit with the bill; that afterwards the lessees sub-leased the greater part of it to one J. D. Ulery; that by some means…
Read the full summary
Appeal from the Circuit Court for Baltimore City. The bill in this case was filed by the appellee, and alleged that he leased, on the 2d January, A. D. 1861, a parcel of land, consisting of seven separate fields, in Baltimore county, to W. S. Mabbett and J. McCullum, for eight years and eleven months, at an annual rent of $650, and filed the lease as an exhibit with the bill; that afterwards the lessees sub-leased the greater part of it to one J. D. Ulery; that by some means unknown, the possession of the part so sub-leased was acquired by Lewis Myers and others ; that at the time of the…
1Opinion of the CourtCochran, J.
The professed object of the appellee in filing this bill was to stay irreparable injury and waste, which he alleges was being committed by removing manure from land of which he was the lessor ; but we have been satisfied, by an examination of the record, that his real purpose was to secure the manure as an accretion or appurtenance to the soil of the leased premises. It is immaterial, however, on which theory the bill goes, for both present the question as to the right of property in the manure ; and as the case must ultimately turn upon the decision of that question, we think it should be…
2Cases cited1 opinion
- Middlebrook v. CorwinNew York Supreme Court · 1836
3Cited by5 opinions
- Jackson v. LinthicumCourt of Appeals of Maryland · 1949
- Nason v. TobeyMassachusetts Supreme Judicial Court · 1902
- Taylor v. NewcombMichigan Supreme Court · 1900
- Whitesell v. CollisonNew Jersey Court of Chancery · 1922
- Stuart v. ClementsCourt of Appeals of Kentucky · 1919