Legal Opinion

Keller v. Weber

Court of Appeals of Maryland

Decided October 18, 1867PublishedCited by 4 opinions

Appeal from the Circuit Court for Allegany County. This was an action of Replevin brought on the 18th .September, 1863, by the appellees against the appellant. It appears that a certain John Young leased to one John A. Rinehart certain premises in the town of Cumberland, which he entered upon and occupied as a dwelling, until the 12th of September, 1863, with his wife and children, and having the property in controversy on the premises, for the use of himself and family.

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Appeal from the Circuit Court for Allegany County. This was an action of Replevin brought on the 18th .September, 1863, by the appellees against the appellant. It appears that a certain John Young leased to one John A. Rinehart certain premises in the town of Cumberland, which he entered upon and occupied as a dwelling, until the 12th of September, 1863, with his wife and children, and having the property in controversy on the premises, for the use of himself and family. He died on the 12th of September, 1863, before the expiration of his term, and leaving $850 of the rent due and in arrear.…

1Opinion of the Court

Bowie, O. J.,

delivered the opinion of this Court.

The appellees sued the appellant in replevin, for taking and detaining various goods and chattels. The defendant made cognizance, as bailiif of one Young, in whose behalf he distrained the goods mentioned, for rent in arrear, due and owing by one Rinehart, as tenant of a dwelling house, by virtue of a certain demise, etc. Secondly, upon a demise to Rinehart, since deceased, but during the term, the said dwelling being in the occupation of the wife of the deceased. To the first cognizance, the appellee pleaded, “non tenuit,” and no rent in…

2Cases cited1 opinion

  1. Longwell v. RidingerCourt of Appeals of Maryland · 1843

3Cited by4 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
  4. Brown v. HowellSupreme Court of New Jersey · 1901

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