Cook v. Creswell
Court of Appeals of Maryland
Appeal from the Circuit Court for Cecil County. This was an action of ejectment brought by tbe appellee against the appellants, to recover a lot of ground which the appellee under a deed of marriage settlement made in the year 1850, held in trust for Mrs. Rebecca E. Murphy, and which was leased by her under the circumstances set forth in the opinion of the Court.
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Appeal from the Circuit Court for Cecil County. This was an action of ejectment brought by tbe appellee against the appellants, to recover a lot of ground which the appellee under a deed of marriage settlement made in the year 1850, held in trust for Mrs. Rebecca E. Murphy, and which was leased by her under the circumstances set forth in the opinion of the Court. The trust created by said deed of marriage settlement was, in the first place for the sole and separate use of the said Rebecca E. Murphy, (then Creswell) during her natural life “so that she the said Rebecca E. Creswell, whether…
1Opinion of the CourtBrent, J.
The power reserved in the deed of marriage settlement from Thomas A. Murphy and RebeccaE. Creswell, to John A. J. Creswell is very full and explicit, and the terms in which it is set out so clear, that it would seem there could be no doubt of the authority of Mrs. Murphy, formerly Rebecca E. Creswell, to rent the premises involved in this action. And upon the authorities cited we should have no difficulty in reaching that conclusion, if this was a case in which that question could be raised by the appellants.
A tenant will not he permitted to dispute the title of his landlord, and this most…
2Cases cited2 opinions
- Clark v. KeliherMassachusetts Supreme Judicial Court · 1871
- Walker v. SharpeMassachusetts Supreme Judicial Court · 1869
3Cited by3 opinions
- Benton v. StokesCourt of Appeals of Maryland · 1908
- Judik v. CraneCourt of Appeals of Maryland · 1895
- de Giverville v. StolleMissouri Court of Appeals · 1880