Emory v. Owings ex rel. Green
Court of Appeals of Maryland
Cross-Appeals from Baltimore county court. This was an action of debt, brought by the executors of Nicholas Owings against Emory and Gault,.to recover $500 rent on a lease made by said Owings, on. the 11th of June 1840, for the term of six years. The lessees,, Emory and Gault, were to enter the demised premises on the 11th of November 1840, and the rent claimed was for the first year.
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Cross-Appeals from Baltimore county court. This was an action of debt, brought by the executors of Nicholas Owings against Emory and Gault,.to recover $500 rent on a lease made by said Owings, on. the 11th of June 1840, for the term of six years. The lessees,, Emory and Gault, were to enter the demised premises on the 11th of November 1840, and the rent claimed was for the first year. The defendants pleaded nil debet, with leave to give in evidence, upon notice, any special matter which might be pleaded in bar. At the first trial of this case several exceptions were taken, and upon appeal the…
1Opinion of the CourtEccleston, J.
This case comes before us on a second appeal.- The report of the first will be found in 6 Gill, 260.
According to-the former decisions-the stone quarry called the Fox Rock Quar’ry, which, by the lease of the 11th June 1840, on which this suit is founded, was demised to the defendants, was not covered or conveyed by the lease of the 25th July 1836, unless the quarry was opened at the date of that lease. This decision, of course, was binding on the court below, and at the second trial it became an important inquiry whether the quarry bad been opened as far back as the 25th July 1836. To show…
2Cases cited7 opinions
- Clements v. SmithCourt of Appeals of Maryland · 1850
- Tolson v. TolsonCourt of Appeals of Maryland · 1849
- Doyle v. Commissioners of Baltimore CountyCourt of Appeals of Maryland · 1842
- Maryland Insurance v. BathurstCourt of Appeals of Maryland · 1833
- Owings v. EmeryCourt of Appeals of Maryland · 1847
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- American Railroad Co. v. HernándezSupreme Court of Puerto Rico · 1905
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