Legal Opinion

Cahill v. Lee

Court of Appeals of Maryland

Decided January 21, 1881PublishedCited by 3 opinions

Appeal from the Superior Court of Baltimore City. The case is stated iu the opinion of the Court. Exceptions. — At the trial the plaintiff took four exceptions, which are substantially stated in the opinion.

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Appeal from the Superior Court of Baltimore City. The case is stated iu the opinion of the Court. Exceptions. — At the trial the plaintiff took four exceptions, which are substantially stated in the opinion. The evidence being all in, the plaintiff offered the following prayers: 1. That if the jury shall find from the evidence, that the plaintiff, P. Cahill, was in possession of a leasehold of land on Cathedral Street, which he used as a lumber yard, and carried on there the business of a lumber dealer, and that prior to 1874 he held said lease under a certain Thomas Symington, subject to an…

1Opinion of the CourtMiller, J.

In this case an action was brought hy a tenant against a married woman and her husband, to recover damages for an alleged illegal distraint made hy the wife as landlord. The declaration also contains a count averring that the property distrained was so improperly exhibited and allotted for sale, that it did not bring the best prices, hut sold for much less than its fair value.

1st. The first ground of complaint is that the distraint was premature. The undisputed proof in the case shows that the plaintiff, Cahill, in 1868, took from Symington, a sub-lease for ninety-nine years, renewable…

2Cited by3 opinions

  1. Calvert Building & Construction Co. v. WinakurCourt of Appeals of Maryland · 1928
  2. Irving Trust Co. v. BurkeCourt of Appeals for the Fourth Circuit · 1933
  3. In re NobleDistrict Court, D. Maryland · 1934

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