Kennedy v. Lange
Court of Appeals of Maryland
Appeal from the Baltimore City Court. The facts are stated in the opinion of the Court. Exception. — It was admitted and proved in this case that Kennedy and wife were not the tenants of the avowant, Lange, but that one Bartlett was the tenant of said Lange, and that said Bartlett was indebted for rent in arrear to the amount of-dollars; that the goods in controversy, being household furniture, were seized and taken under a writ of distraint to satisfy the rent in arrear due…
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Appeal from the Baltimore City Court. The facts are stated in the opinion of the Court. Exception. — It was admitted and proved in this case that Kennedy and wife were not the tenants of the avowant, Lange, but that one Bartlett was the tenant of said Lange, and that said Bartlett was indebted for rent in arrear to the amount of-dollars; that the goods in controversy, being household furniture, were seized and taken under a writ of distraint to satisfy the rent in arrear due by Bartlett; it was also admitted and proved that said chattels were the sole and separate property of Annie Kennedy,…
1Opinion of the CourtMiller, J.
The record in this case shows that one Bartlett rented a dwelling-house from the appellee, Lange, and the rent being due and in arrear, the landlord distrained upon a piano and certain articles of household furniture found in the house. The chattels so seized were the sole and separate property of Annie Kennedy, wife of Samuel A. Kennedy, and she has brought an action of replevin to recover the same.
It is well settled that a landlord may distrain for rent due and in arrear, any goods of a third party found on the demised premises, unless they are specially exempted from seizure by statute,…
2Cited by2 opinions
- United States v. National Capital Storage & Moving Co.District Court, D. Maryland · 1967
- Davis v. WashingtonCourt of Appeals of Texas · 1898