Mayhew v. Hardesty
Court of Appeals of Maryland
Appear from the Court of Common Pleas of Baltimore city. Assumpsit by the appellant against the appellee to recover the amount paid by the plain tiff as premiums for certain policies of insurance. Plea, non assumpsit. Exception.
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Appear from the Court of Common Pleas of Baltimore city. Assumpsit by the appellant against the appellee to recover the amount paid by the plain tiff as premiums for certain policies of insurance. Plea, non assumpsit. Exception. The facts of the case appearing by the record are briefly these: Capron and wife, by deed dated the 26th of December 1845, leased to Heatb and Snowden, for ninety-nine years, renewable forever, two undivided thirds of certain lands, including certain water privileges appertaining to a factory about to be erected thereon, for the yearly rent of $900. This lease…
1Opinion of the CourtMason, J.
The principal questions raised upon this appeal are: — first, whether the appellee, Hardesty, as mortgagee of the term, notwithstanding he never took possession of the premises, is liable under the real covenants of the assignor? secondly, if he was, did not the sale and bond of conveyance to Mason, accompanied with possession, so far amount to a legal transfer of all his interest, as to make Mason, and not himself, liable under the covenants? and thirdly, if not liable as mortgagee out of possession, or if there has not been a complete transfer of all interest to Mason, so as to make him…
2Cases cited1 opinion
- Hintze v. ThomasCourt of Appeals of Maryland · 1855
3Cited by26 opinions
- Howard v. CarpenterCourt of Appeals of Maryland · 1857
- Williams v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1934
- Barron v. WhitesideCourt of Appeals of Maryland · 1899
- Nickel v. BrownCourt of Appeals of Maryland · 1892
- Waring v. National Savings & Trust Co.Court of Appeals of Maryland · 1921
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