Jones v. Belt
Court of Appeals of Maryland
Appeal from the Court of Chancery. The bill in this cause, which was filed on the 28th November 1838, by the appellee, alleged, that he is the owner in fee simple of a tract of land situated at the intersection of the Washington Branch of the Baltimore and Ohio Rail Road, and the turnpike road between Baltimore and Washington, at a place called Beltsville; that upon the said tract of land he has a house and improvements, occupied and used as a tavern stand, the value of…
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Appeal from the Court of Chancery. The bill in this cause, which was filed on the 28th November 1838, by the appellee, alleged, that he is the owner in fee simple of a tract of land situated at the intersection of the Washington Branch of the Baltimore and Ohio Rail Road, and the turnpike road between Baltimore and Washington, at a place called Beltsville; that upon the said tract of land he has a house and improvements, occupied and used as a tavern stand, the value of which mainly consists in its being a stopping and watering place of the trains of cars passing on the rail road between B.…
1Opinion of the CourtDorsey, J.
The real question in dispute in this case, looking to the merits of the matters in controversy, is, whether agreeably to the contract between the parties, the appellee was bound to pay any thing to the appellant for the use made of his springs, and the water conveyed from them ?
According to the contract alleged in the bill, no such payment was to be made. But this allegation is positively denied by the answer, which asserts, that the appellee applied to the appellant for permission to collect said springs into one reservoir, on the land of the appellant, and thence to conduct them through his…
2Cited by6 opinions
- Smith v. PhillipsUtah Supreme Court · 1890
- Kent v. CarcaudCourt of Appeals of Maryland · 1861
- Brooks v. ThomasCourt of Appeals of Maryland · 1855
- Trump v. BaltzellCourt of Appeals of Maryland · 1852
- Farmers & Mechanics Bank v. NelsonCourt of Appeals of Maryland · 1858
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