Buschman v. Wilson
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This was an action of ejectment, brought by Ernest and Victor H. Buschman, co-lessees with Otto Ducker, of certain real estate in the City of Baltimore, under a lease from Samuel Ready, to recover their interest in the said real estate from the appellees, to whom the same property had been subsequently let by the said Ready. The two leases were offered in evi*dence.
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Appeal from the Superior Court of Baltimore City. This was an action of ejectment, brought by Ernest and Victor H. Buschman, co-lessees with Otto Ducker, of certain real estate in the City of Baltimore, under a lease from Samuel Ready, to recover their interest in the said real estate from the appellees, to whom the same property had been subsequently let by the said Ready. The two leases were offered in evi*dence. The first, dated January 20th, 1863, conveyed the premises to the Buschmans and Ducker, from the 1st of March, 1863, to the xst of March, 1864, and for six additional years after…
1Opinion of the CourtAlvey, J.
Fire having occurred, whereby the planing mill, and the other improvements, were destroyed, after the lease of the 20th of January, 1863, and while the lessees were in possession under the demise, the question is, whether they are entitled to hold the demised premises, for the residue of the term, as against the lessor, and those claiming under him, notwithstanding they are, by express provision of the lease, exonerated from the payment of rent. Having regard to the manifest intention of the parties, and to the fact that the appellant and his co-tenants avail themselves of the exempting…
2Cases cited1 opinion
- Gates & Colvin v. GreenNew York Court of Chancery · 1834
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- Publix Theatres Corp. v. PowellTexas Supreme Court · 1934
- Snook & Austin Furniture Co. v. Steiner & EmerySupreme Court of Georgia · 1903
- Talley v. MitchellSupreme Court of Georgia · 1912
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