Lester v. Hardesty
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City : The owners in fee of a lot in Baltimore City, leased the same for ninety-nine years to Arthur Carter and his assigns, subject to the payment of certain rent and taxes in said lease reserved.
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Appeal from the Superior Court of Baltimore City : The owners in fee of a lot in Baltimore City, leased the same for ninety-nine years to Arthur Carter and his assigns, subject to the payment of certain rent and taxes in said lease reserved. Carter assigned his term to William Pratt,' who mortgaged the same to the appellant, who on the 25th of December, 1856, assigned the mortgage to the appellee, who Nailed to have the same recorded according to the provision of the registry law. The mortgage was not paid, when the same became due. The owner of the fee sued the'appellant for the rent and…
1Opinion of the CourtBartol, C. J.
The questions to be decided on this appeal arise upon the demurrer to the first count of the declaration. One difficulty we have had in deciding the case has grown, out of the ambiguity in the averments of the declaration, and the consequent difficulty in placing upon them a correct construction.
The demurrer in assigning special ground of objection, treats the cause of action assigned in the nar., as if it were simply the failure and neglect of the defendant to have the assignment of the mortgage recorded. If that were the only cause *54of action alleged, we should have had no hesitation in…
2Cases cited5 opinions
- Hintze v. ThomasCourt of Appeals of Maryland · 1855
- Mayhew v. HardestyCourt of Appeals of Maryland · 1855
- Watchman & Bratt v. CrookCourt of Appeals of Maryland · 1833
- Kennerly v. WilsonCourt of Appeals of Maryland · 1852
- Kilgour v. MilesCourt of Appeals of Maryland · 1834
3Cited by15 opinions
- Williams v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1934
- Nickel v. BrownCourt of Appeals of Maryland · 1892
- Falck v. BarlowCourt of Appeals of Maryland · 1909
- Commercial Building & Loan Ass'n v. RobinsonCourt of Appeals of Maryland · 1900
- Donelson v. PolkCourt of Appeals of Maryland · 1886
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