Treiber v. Lanahan
Court of Appeals of Maryland
Appeal from tbe Equity Side of tbe Circuit Court for Allegany county. Tbe bill of complaint in tbis cause was filed by tbe appellant on tbe 29tb of May 1852, for tbe purpose of obtaining an injunction against tbe appellee, Boman, restraining bim from making sale of a lot of ground lying on Baltimore street, in tbe town of Cumberland, and adjoining tbe depot of tbe Baltimore & Ohio Bailroad, with tbe improvements thereon, known as the “Bevefe Housewhich said lot and premises…
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Appeal from tbe Equity Side of tbe Circuit Court for Allegany county. Tbe bill of complaint in tbis cause was filed by tbe appellant on tbe 29tb of May 1852, for tbe purpose of obtaining an injunction against tbe appellee, Boman, restraining bim from making sale of a lot of ground lying on Baltimore street, in tbe town of Cumberland, and adjoining tbe depot of tbe Baltimore & Ohio Bailroad, with tbe improvements thereon, known as the “Bevefe Housewhich said lot and premises bad been conveyed. to tbe said Boman by deed of trust of April 14th, 1851, by John M. Elursbutz and wife, in trust to…
1Opinion of the CourtBaiitol, J.
We have examined this case with a good deal of care, and without entering into any particular statement of the pleadings and proofs contained in the record, shall briefly state the conclusions we have reached upon the whole case.
A majority of the Court are of opinion that the relation existing between Treiber and Elurshutz in their ownership of the Revere House” property, was not that of partners. But that under their contract with Beall, they held an equitable estate, as tenants in common, in the lot of ground therein described.
The whole Courj; concur in the opinion that the Circuit Court…
2Cases cited3 opinions
- Stewart v. ReddittCourt of Appeals of Maryland · 1852
- Wilson v. RussellCourt of Appeals of Maryland · 1859
- Burroughs's Adm'r. v. AnnaCourt of Appeals of Maryland · 1817
3Cited by1 opinion
- Westpark, Inc. v. Seaton Land Co.Court of Appeals of Maryland · 1961