Israel v. Israel
Court of Appeals of Maryland
Appeal, from the Circuit Court of Baltimore City. , The bill of complaint in this case, filed by the appellees on the 8th of March, 1866, alleged that Fielder Israel, late of the city of Baltimore, being seized, in fee, of a lot of ground and premises on the west side of Greene street, in said city, devised the same to his children, (all of whom were parties to the ease,) as tenants in eommon; that the appellant was in possession of said lot of' ground and premises; that he…
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Appeal, from the Circuit Court of Baltimore City. , The bill of complaint in this case, filed by the appellees on the 8th of March, 1866, alleged that Fielder Israel, late of the city of Baltimore, being seized, in fee, of a lot of ground and premises on the west side of Greene street, in said city, devised the same to his children, (all of whom were parties to the ease,) as tenants in eommon; that the appellant was in possession of said lot of' ground and premises; that he occupied the same for his own use and benefit, and had never accounted with the appellee, Edward, or with any of the…
1Opinion of the CourtGeasoN, J.
This case comes before this Court on appeals from two orders of the Circuit Court of Baltimore City, the one bear- • ing date the 3d, and the other the 28th day of May, in the year 1867.
The first question, presented for the consideration of this Court, is, whether one tenant in common is liable to his co-tenants for the use and occupation of the common property. We have found no decision in our own State upon this point, but we think the principle is settled by the current of the English as well as American authorities. In the case of McMahon vs. Burchell, 22 Eng. Ch. Rep, 134, Lord CotteNham…
2Cases cited3 opinions
- Pico v. ColumbetCalifornia Supreme Court · 1859
- Van Bibber v. FerdinandCourt of Appeals of Maryland · 1861
- Duval v. TraskMassachusetts Supreme Judicial Court · 1815
3Cited by32 opinions
- Young v. CockmanCourt of Appeals of Maryland · 1943
- Hogan v. McMahonCourt of Appeals of Maryland · 1911
- Newbold v. SmartSupreme Court of Alabama · 1880
- Schilbach v. SchilbachCourt of Appeals of Maryland · 1937
- Campbell v. ShipleyCourt of Appeals of Maryland · 1874
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