Gault v. Owings
Court of Appeals of Maryland
Appeal from Baltimore County Court. This was an action of debt, brought by the appellees against the appellants, to recover the sum of $750 debt. The plaintiffs counted upon a lease made by JYicholas Owings, deceased, to the defendants, of a granite quarry in Baltimore County, as owner in fee, dated 11th June, 1840, for the term of six years from the 10th November following.
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Appeal from Baltimore County Court. This was an action of debt, brought by the appellees against the appellants, to recover the sum of $750 debt. The plaintiffs counted upon a lease made by JYicholas Owings, deceased, to the defendants, of a granite quarry in Baltimore County, as owner in fee, dated 11th June, 1840, for the term of six years from the 10th November following. The lessees were to quarry forty thousand cubic feet in each year, and pay one and one-fourth cents for each cubic foot rent, quarterly, and alleged that they entered upon the demised premises; that N. 0. on the 7th July,…
1Opinion of the CourtDorsey, J.
The defendants, by their first prayer, prayed the opinion of the court to the jury: that, under the will of Nicholas Owings, the rents of the Fox Rock Quarry did not pass to Beale *197Owings, the plaintiff intestate, and that the plaintiffs are therefore not entitled to recover in this action: which opinion and direction the court refused to give. Whether the County Court were right or not in refusing this prayer, depends upon the true construction of that part of the testator’s will, which relates to those rents. After devising to his son, Beale Owings, the Fox Rock Quarry, out of which the…
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