Maryland Coal Co. v. Cumberland & Pennsylvania Railroad
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany County; in Equity. On the 23rd of October, 1863, the appellee which then owned a line of railroad, leading from Cumberland by way of Mount Savage and Frostburg, to a point near Lonaconing, purchased for the sum of $250,000 fronf the George's Creek Coal and Iron Company, its railroad, about eight miles long, extending from a point near Lonaconing to Piedmont, in West Virginia.
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Appeal from the Circuit Court for Allegany County; in Equity. On the 23rd of October, 1863, the appellee which then owned a line of railroad, leading from Cumberland by way of Mount Savage and Frostburg, to a point near Lonaconing, purchased for the sum of $250,000 fronf the George's Creek Coal and Iron Company, its railroad, about eight miles long, extending from a point near Lonaconing to Piedmont, in West Virginia. The contract or agreement of purchase, contained the following covenant: “Butthe said George’s Creek Coal and Iron Company, notwithstanding its covenant and agreement aforesaid,…
1Opinion of the CourtGrason, J.
Assuming, for the purposes of this case, that the covenant, entered into by the appellee and the George’s Creek *351Coal and Iron Company, is such an one as would, if unrestricted, run with the land and pass therewith to the grantees of the covenantee, (a question we deem if unnecessary to decide in this case,) we think the contract itself very clearly confines the benefit of the covenant to the George’s Creek Coal and Iron Company and its lessees only. The covenant is in the words follorving: “And the said Cumberland and Pennsylvania Railroad Company further covenants and agrees to and with the…
2Cases cited1 opinion
- Mitchell v. MitchellCourt of Appeals of Maryland · 1844
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