Cross v. Tome
Court of Appeals of Maryland
Appeal from the Circuit Court for CeciL County. Replevin, brought on the 5th of July 1855, by the appellee against the appellant, for “five horses, five horse-carts, two sets of single harness, one stone wagon, three cranes, one lot of quarry tools, and one lot of quarry fixtures.” The defendant avowed the taking under a distress for rent.
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Appeal from the Circuit Court for CeciL County. Replevin, brought on the 5th of July 1855, by the appellee against the appellant, for “five horses, five horse-carts, two sets of single harness, one stone wagon, three cranes, one lot of quarry tools, and one lot of quarry fixtures.” The defendant avowed the taking under a distress for rent. The avowry alleges that James Whitelock, for one year next before and ending on the 31st of December 1854, was tenant of the place called “The Quarry,” under a demise thereof by the defendant to him, “at and under a certain yearly rent as follows, that is…
1Opinion of the CourtBartol, J.
The decision of this appeal depends upon the construction of the Act of 1834, ch. 192, regulating the mode of levying distress for rent.
The rent reserved was in money, the amount thereof to be ascertained by computation of the quantity and kinds of stone quarried. This, in our opinion, was a certain money rent, within the meaning of the Act. That is certain which may be made certain. Under the statute of New York, which, in this respect, is similar to our own, in a case “where the rent reserved was three dollars per acre for all the improved land on the premises, the tenant agreeing to build…
2Cases cited1 opinion
- Marquissee v. OrmstonNew York Supreme Court · 1836
3Cited by5 opinions
- Knight v. OrchardMissouri Court of Appeals · 1902
- Philadelphia, Wilmington & Baltimore Railroad v. ShipleyCourt of Appeals of Maryland · 1890
- State Ex Rel. German v. TimmonsCourt of Appeals of Maryland · 1899
- Jean v. SpurrierCourt of Appeals of Maryland · 1872
- De Bebian v. GolaCourt of Appeals of Maryland · 1885