Legal Opinion

Owings v. Emery

Court of Appeals of Maryland

Decided December 15, 1847PublishedCited by 3 opinions

Appeal from Baltimore County Court. This was an action of debt, brought by the appellants against the appellees, to recover $500 rent on a lease, made by Nicholas Owings on the 11th June, 1840, to the appellees, for the term of six years. The lessees were to enter the demised premises on the 11th November, 1840, and the rent claimed Was for the first year.

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Appeal from Baltimore County Court. This was an action of debt, brought by the appellants against the appellees, to recover $500 rent on a lease, made by Nicholas Owings on the 11th June, 1840, to the appellees, for the term of six years. The lessees were to enter the demised premises on the 11th November, 1840, and the rent claimed Was for the first year. The defendants pleaded nil debet, with leave to give any special matter in evidence which might be pleaded in bar, upon notice, &c. 1st Exception.—At the trial, the plaintiffs read in evidence the lease, as follows: “This indenture, made…

1Opinion of the CourtMartin, J.

In this case an action of debt was instituted in Baltimore County Court, by the appellants against the appellees, to recover the sum of $500, the amount alleged to be due on the 10th November, 1841, for one year’s rent of stone quarry called the Fox Rock Quarry, wrhich had been demised to the appellees by JYicholas Owings, in an indenture bearing date the 11th June, 1840, for the period of six years, to take effect from the 10th November, 1840.

The defendants pleaded to this action nil debet, and under the leave granted to rely upon any defence that could be specially pleaded, gave notice that…

2Cited by3 opinions

  1. State v. EvansSupreme Court of Minnesota · 1906
  2. Isom v. Rex Crude Oil Co.California Supreme Court · 1905
  3. Emory v. Owings ex rel. GreenCourt of Appeals of Maryland · 1852

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