Abrams v. Sheehan
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This was an action of replevin brought ‘by the appellee, to recover certain goods in the possession of the appellants, and withheld by them.
Read the full summary
Appeal from the Court of Common Pleas. This was an action of replevin brought ‘by the appellee, to recover certain goods in the possession of the appellants, and withheld by them. The appellants avowed the taking of the goods under distress for rent in arrear for the months of April, May and June, lS^, the amount so due and in arrear being $195. The appellee pleaded to the avowry, 1st. That the said sum of $195, at the time the distraint was laid, was not in arrear and unpaid to the avowants. 2nd. That at the time the said rent accrued, the appellee was not the tenant of the avowants. 3rd.…
1Opinion of the CourtStewart, J.
We find no error in the refusal of the 2nd and 7th prayers of the avowants.
Their right to recover was not a necessary conclusion, from the particular facts enumerated in these prayers. Every other material fact, to make out their case, seems to have been assumed as proved.
The prayers were objectionable on another ground—they assert an erroneous principle as to notice.
I.f the avowants had sufficient information to put them on enquiry as to the title to the property they were about to purchase, they are affected with notice. Price avid Bevans vs. McDonald, et al., 1 Md., 403.
The 3rd and 4th…
2Cases cited8 opinions
- Cooper v. UtterbachCourt of Appeals of Maryland · 1873
- Price v. McDonaldCourt of Appeals of Maryland · 1851
- Tiernan v. PoorCourt of Appeals of Maryland · 1829
- Maryland & New York Coal & Iron Co. v. WingertCourt of Appeals of Maryland · 1849
- Owens v. MillerCourt of Appeals of Maryland · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Louis K. Liggett Co. v. RoseCourt of Appeals of Maryland · 1927
- Higgins v. LodgeCourt of Appeals of Maryland · 1888
- Smith v. PattisonCourt of Appeals of Maryland · 1896