Horwitz v. Davis
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. Action on the case brought on the 9th of January 1858, by the appellee against, the appellant, for the use and occupation-of a certain house and lot on Pratt street, in the city of Baltimore. Plea, that the defendant did not hold, use, occupy or enjoy the premises as alleged. Exception. The evidence is fully stated in the opinion of this court.
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Appeal from the Court of Common Pleas. Action on the case brought on the 9th of January 1858, by the appellee against, the appellant, for the use and occupation-of a certain house and lot on Pratt street, in the city of Baltimore. Plea, that the defendant did not hold, use, occupy or enjoy the premises as alleged. Exception. The evidence is fully stated in the opinion of this court. The deed of trust from Fowler to Horwitz, conveys “all the stock of goods, fixtures and furniture contained in the store, on the south side of Pratt street, No. 155, and all debts due him, the said Fowler, and…
1Opinion of the CourtBartol, J.
This is an action for use and occupation, instituted by the ■appellee against the appellant. The facts of the case, as disclosed by the record, are as follows:
John R. Fowler rented the premises (for the use and occupation of which this suit is brought) from Davis, the appellee, for one yeax, commencing the 1st of April 1857, at a yearly rent, payable quarterly. The premises were occupied by Fowler as a dwelling and store house, and while so occupying them, he made an assignment to the appellant, for the benefit of his creditors, of his effects and property. The assignment was made on the 14th…
2Cases cited1 opinion
- Dorrance v. JonesSupreme Court of Alabama · 1855
3Cited by5 opinions
- Gaither v. StockbridgeCourt of Appeals of Maryland · 1887
- Smith v. GoodmanAppellate Court of Illinois · 1892
- Morrison v. Bruce, Court of Common Pleas of Ohio, Hamilton County1894
- Cornblatt v. BlockCourt of Appeals of Maryland · 1918
- Gaither v. StockbridgeCourt of Appeals of Maryland · 1887