Giles v. Ebsworth
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore city. Replevin, brought by the appellant against the appellees, for the recovery of certain goods. The defendants avowed the taking under a distress for two quarters’ rent due Mrs. Ebsworth under a lease from her to one Joseph Tucker.
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Appeal from the Superior Court of Baltimore city. Replevin, brought by the appellant against the appellees, for the recovery of certain goods. The defendants avowed the taking under a distress for two quarters’ rent due Mrs. Ebsworth under a lease from her to one Joseph Tucker. The plaintiff pleaded that Tucker did not, during the time, possess and enjoy the premises under a lease from Mrs. Ebsworth; and there was an agreement to waive all errors in pleading, and that special matter might be given in evidence, under the above plea and avowry, as if pleaded. Isi Exception. The defendants,…
1Opinion of the CourtTuck, J.
The first exception in this record relates to the authority from Sirs. Ebsworth to Mortimer, under which the distress was laid, it being contended, on the part of the appellant, that it did not authorize the collection of rents due at its date. The paper does not, in terms, coniine Mortimer to the collection of such rents as might arise under leases lo be made thereafter by him, but confers power to receive rents generally, and to use means to that end as fully as Mrs. Ebsworth herself might employ. We agree with the court below, that it was sufficient for the purpose for which it was offered…
2Cases cited1 opinion
- Joynes v. WartmanCourt of Appeals of Maryland · 1853
3Cited by2 opinions
- Universal CIT Credit Corporation v. Congressional Motors, Inc.Court of Appeals of Maryland · 1967
- Tizer v. TizerCourt of Appeals of Maryland · 1932