Legal Opinion

M'Elderry v. Flannagan's Adm'r

Court of Appeals of Maryland

Decided June 15, 1827PublishedCited by 14 opinions

Appeal from Baltimore County Court. Replevin by the appellee against the appellants for a sloop or vessel on the stocks, taken in a certain place called The Ship Yard of the plaintiff.

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Appeal from Baltimore County Court. Replevin by the appellee against the appellants for a sloop or vessel on the stocks, taken in a certain place called The Ship Yard of the plaintiff. The defendants avowed the taking, &c. for two years rent in arrear of the lands and tenements in which, &c. under a demise thereof made by the defendants to the plaintiff’s intestate, on the 18th of August 1813, at the yearly rent of @800; and because @1200 were due for two years, &c. well avows the taking, &c. for and in the name of a distress for the said rent, &c. The plaintiff pleaded to the avowry — 1.…

1Opinion of the CourtDorsey, J.

By the demise of the 18th of August 1811, Flannagan held of the appellants,, by parol, for five years, the whole of the wharf property alluded to in any part of the proceedings in this cause. On the 8th of March 1813, the appellants leased to William Carman a part of it fronting 100 feet on the water; and on the 29th of the succeeding July, by the consent of Flannagan, made a lease of that part of said wharf called The New Wharf.\ to Martin F. Maher, for 99 years renewable forever; and according to the testimony of the appellants, as stated in this bill of exceptions, he, Flannagan, agreed to…

2Cited by14 opinions

  1. Jones v. JonesCourt of Appeals of Maryland · 1876
  2. Taxicab Co. of Balto. v. EmanuelCourt of Appeals of Maryland · 1915
  3. Hanrahan v. Mayor of Baltimore CityCourt of Appeals of Maryland · 1911
  4. Commissioners of Delmar v. VenablesCourt of Appeals of Maryland · 1915
  5. Moyer v. JustisCourt of Appeals of Maryland · 1910

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