Legal Opinion

Worthington v. Cooke

Court of Appeals of Maryland

Decided March 17, 1881PublishedCited by 6 opinions

Appeal from the Baltimore City Court. This was an action of covenant brought by the appellant, against the appellee and her husband for the non-performance of certain covenants, (the payment of rent and taxes) on the part of the appellee, contained in a lease for a renewable term of ninety-nine years. Upon a former appeal, (Vide 52 Md., 297,) this Court held that the husband was improperly joinedj and remanded the case.

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Appeal from the Baltimore City Court. This was an action of covenant brought by the appellant, against the appellee and her husband for the non-performance of certain covenants, (the payment of rent and taxes) on the part of the appellee, contained in a lease for a renewable term of ninety-nine years. Upon a former appeal, (Vide 52 Md., 297,) this Court held that the husband was improperly joinedj and remanded the case. The husband’s name being stricken from the declaration, the. appellee pleaded, among other pleas, an amended sixth plea.

1Opinion of the CourtGrason, J.

This is an action brought in covenant by the appellant, against the appellee, her lessee. The sixth plea, which' goes to "the whole narr., alleges that prior to the alleged claims of the plaintiff, the defendant conveyed all her interest in the leasehold premises to one Emory G. Lee, in whose name the plaintiff thereafter rendered her-bills for rent, and that afterwards and before any of the supposed breaches of covenant by the defendant, the plaintiff and Emory G. Lee jointly conveyed part of the premises covered by the lease, to wit, ab&ut twenty acres thereof, to one Catharine S. Yeara in…

2Cases cited1 opinion

  1. Van Rensselaer's Executors v. GallupNew York Supreme Court · 1848

3Cited by6 opinions

  1. Mayor of Baltimore v. LatrobeCourt of Appeals of Maryland · 1905
  2. Dreyfus v. HirtCalifornia Supreme Court · 1890
  3. Uthus v. Valley Mill CampCourt of Appeals of Maryland · 2021
  4. Insley v. MyersCourt of Appeals of Maryland · 1949
  5. Schick v. Davenport Realty Co.Supreme Court of Iowa · 1925

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