Legal Opinion

Everett v. Neff

Court of Appeals of Maryland

Decided February 12, 1868PublishedCited by 10 opinions

Appeal from the Circuit Court for Allegany County. The facts of the case are stated with sufficient fulness and clearness in the opinion of the Court, together with the first and second exceptions, which were taken in the Court below.

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Appeal from the Circuit Court for Allegany County. The facts of the case are stated with sufficient fulness and clearness in the opinion of the Court, together with the first and second exceptions, which were taken in the Court below. In reviewing the third exception which was taken by the plaintiff* to the rejection of his prayers, six in number, the Court expressed its opinion only as to the first and second, which are as follows: 1st. If the jury shall find from the evidence in the cause, that John S. Tough in his lifetime, as tenant of John Neff, held the premises describe in the…

1Opinion of the CourtMiller, J.

This action of trespass for taking and carrying away certain mine cars and mining implements, was instituted by the appellant against the appellee, and tried on issue joined on the plea of non ml. The record is very confused and defective, and it becomes necessary to state substantially what we consider to be the undisputed facts in the case. Tough in his life time was assignee of a lease of certain mining lands and coal mines, of which Neff was the owner and lessor. By the lease and its modifications, the lessees were to pay Neff a certain rent for the surface of the land and a rent or…

2Cases cited7 opinions

  1. Noe v. GibsonNew York Court of Chancery · 1839
  2. Parker v. BrowningNew York Court of Chancery · 1840
  3. Pettigrew v. BarnumCourt of Appeals of Maryland · 1857
  4. Morrison v. WhitesideCourt of Appeals of Maryland · 1861
  5. Quinn v. WallaceSupreme Court of Pennsylvania · 1841

2 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Horner v. BeasleyCourt of Appeals of Maryland · 1907
  2. Wilson, Close & Co. v. PritchettCourt of Appeals of Maryland · 1904
  3. County Corporation v. SemmesCourt of Appeals of Maryland · 1936
  4. Outerbridge Horsey Co. v. MartinCourt of Appeals of Maryland · 1923
  5. In re ChaudronDistrict Court, D. Maryland · 1910

5 more not listed; retrieve them via the Exa API.

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