Mayor of Baltimore v. Whittington
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The appeal in this case was taken from a decree of the-lower Court (Dennis, J.,) setting aside and annulling the tax sale of a certain lot, mentioned in the proceedings, to the Mayor and City Council of Baltimore, and the subsequent sale by the latter to Clarence M.' Ellinger, and adjudging that Jacob Craft Whittington hold the reversionary fee simple interest in the property free- and clear of any claim whatsoever of the said…
Read the full summary
Appeal from the Circuit Court of Baltimore City. The appeal in this case was taken from a decree of the-lower Court (Dennis, J.,) setting aside and annulling the tax sale of a certain lot, mentioned in the proceedings, to the Mayor and City Council of Baltimore, and the subsequent sale by the latter to Clarence M.' Ellinger, and adjudging that Jacob Craft Whittington hold the reversionary fee simple interest in the property free- and clear of any claim whatsoever of the said Mayor and City Council of Baltimore, or of the said Clarence M. Ellinger by virtue of said tax sale; and restraining…
1Opinion of the CourtMcShkrry, J.
By section 41, of Article 49, of the Municipal Code of Baltimore City, it is enacted, in substance, that when any lots of ground are chargeable with the payment of taxes, and are subject to ground rents or leases for terms of years, renewable forever, the collector shall, in the-sale of such lots for non-payment of taxes, first sell only the leasehold interest, if it should sell for an amount sufficient to pay the taxes, but, if it should not, then that he shall sell the whole fee simple estate, provided these provisions “shall not apply to cases where the books of the city do not disclose…
2Cases cited5 opinions
- Smith v. AyerSupreme Court of the United States · 1880
- Williamson v. . BrownNew York Court of Appeals · 1857
- Townsend v. LittleSupreme Court of the United States · 1883
- Rhodes v. OutcaltSupreme Court of Missouri · 1871
- Astor v. WellsSupreme Court of the United States · 1819
3Cited by24 opinions
- Poffenberger v. RisserCourt of Appeals of Maryland · 1981
- Clay Properties, Inc. v. Washington Post Co.District of Columbia Court of Appeals · 1992
- Boring v. JungersCourt of Appeals of Maryland · 1960
- Hensley v. Montgomery CountyCourt of Special Appeals of Maryland · 1975
- Louis K. Liggett Co. v. RoseCourt of Appeals of Maryland · 1927
19 more not listed; retrieve them via the Exa API.