Martin v. Martin
Court of Appeals of Maryland
Appeal from the Circuit Court for Talbot county. This case, between the appellant as plaintiff, and the appellee as defendant, was submitted to the court below upon a ease stated, showing substantially that defendant leased a farm from Martin Goldsborough for the years 1851 and 1852, agreeing to pay as rent one-half the wheat and corn raised thereon; that in December 1851 and January 1852, after the tenant had paid all the rent for the former year, and before any for the…
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Appeal from the Circuit Court for Talbot county. This case, between the appellant as plaintiff, and the appellee as defendant, was submitted to the court below upon a ease stated, showing substantially that defendant leased a farm from Martin Goldsborough for the years 1851 and 1852, agreeing to pay as rent one-half the wheat and corn raised thereon; that in December 1851 and January 1852, after the tenant had paid all the rent for the former year, and before any for the latter year was due, Goldsborough drew two orders upon the defendant in favor of the plaintiff, payable out of the rent,…
1Opinion of the CourtTuck, J.
We can only decide the question submitted to the court below upon the agreement on which the case was tried, and that is, whether Thomas O. Martin, the tenant, was liable to *375Martin, the purchaser of the land, for the whole rent for the year 1852, notwithstanding the orders and acceptances set out in the record ?
There can be no doubt that the assignee of a reversion is entitled to the rent falling due after the assignment, where there is no reservation of the rent; “ the reason whereof is, that the rent is incident to the reversion, and passeth away by the grant of the reversion.” Coke Litt.,…
2Cases cited3 opinions
- Bank of Pennsylvania v. WiseSupreme Court of Pennsylvania · 1834
- Bennet v. BittleSupreme Court of Pennsylvania · 1834
- Hemphill v. EckfeldtSupreme Court of Pennsylvania · 1840
3Cited by29 opinions
- English v. KeySupreme Court of Alabama · 1863
- Ahern v. WhiteCourt of Appeals of Maryland · 1874
- Cockey v. Milne's lesseeCourt of Appeals of Maryland · 1860
- Knapp v. IsenbergerSupreme Court of Iowa · 1877
- Porter v. SweeneyTexas Supreme Court · 1884
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