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5 H. & J. 113

M'Laughlin v. Long

Court of Appeals of Maryland

Decided June 15, 1820

Court of Appeals of Maryland · decided 1820-06-15

The appellant, (the plaintiff in the court below,) brought an action of trespass on the case against the appellee, to recover damages for an injury sustained by the plaintiff from a tortious of the defendant, in committing waste upon premises which the plaintiff was a lessee for years. A verdict was found for the plaintiff, subject to the opinion of the court, upon the following case, yiz.

Cited by 2 later decisions — most recently June 1926

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1820-06-15

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Buchanan, J.

¶1delivered the opinion of the court.

¶2This is an appeal from the judgment of Baltimore county court on a case stated, in- an action on the case, in nature of waste. [He here stated the evidence. 3 It is well settled that an action on the case, in nature of waste, may be brought, as well by him in remainder, for life or years, as in fee or in tail. But it has never been held to lie for one who has no interest either in remainder or reversion—the recovery being as for an injury done to the reversion. On no other ground can the action be maintained.

¶3*115In this case it cannot be pretended that the plaintiff had any estate, either in reversion or reipainijsr* He was himself but a tenant for one year, which was disclosed to the defendant at the time the room was rented, to whom he transferred all the interest he had in the premises, and nothing remained in him to be injured.

¶4It is too plain a case to dwell upon.

¶5JUDGMENT AEETB.MED.

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