Legal Opinion

Smith v. Rasin

Court of Appeals of Maryland

Decided January 6, 1897Published

Appeal from the Circuit Court for Queen Anne’s County. A bill was filed by the appellant, as administrator of John A. Groves, late of Kent County, setting forth that the decedent in his life time received from the appellees (defendants) a lease of a farm on Wye Island for fifteen years, and entered into possession,-planting upon the demised premises about 24,000 peach trees ; that the lease contained the provision relating to its termination, which is stated in the opinion…

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Appeal from the Circuit Court for Queen Anne’s County. A bill was filed by the appellant, as administrator of John A. Groves, late of Kent County, setting forth that the decedent in his life time received from the appellees (defendants) a lease of a farm on Wye Island for fifteen years, and entered into possession,-planting upon the demised premises about 24,000 peach trees ; that the lease contained the provision relating to its termination, which is stated in the opinion of the Court; that the defendants claimed a right to the present possession of the farm, under the notice referred to in…

1Opinion of the CourtPage, J.

The determination of this appeal' from the pro forma decree of the Court below, depends upon the proper construction of a provision in a lease of a farm in Queen Anne’s County from the appellees to John A. Groves. The term was for a period of fifteen years from the first day of January, 1886, “ unless sooner terminated by the parties of the first part, as hereinafter provided for.” The precise terms of the provision on which the contention arises are" as follows : “ And it is mutually understood and agreed between the parties hereto, that at the expiration of the tenth year of this lease,…

2Cases cited4 opinions

  1. Finlay v. King's LesseeSupreme Court of the United States · 1830
  2. Watchman & Bratt v. CrookCourt of Appeals of Maryland · 1833
  3. Jones v. C. & O. R. R.West Virginia Supreme Court · 1878
  4. Dalrymple v. LaumanCourt of Appeals of Maryland · 1865

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