Stewart v. Clark

Decided June 19, 1883

Court of Appeals of Maryland · decided 1883-06-19

The appellant was the owner of the fee in a certain lot of .ground, on Eastern Avenue, in the City of Baltimore, subject to a lease of ninety-nine years, renewable forever, on payment of $350 per annum, in half-yearly instalments of $175, each on the' first day of January and July. The leasehold interest, subject to a mortgage of $1100 held by the appellant, became by sundry mesne conveyances, vested in Edward Rohlfing.

Cited by 1 later decisions — most recently April 1967

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1883-06-19

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Stone, J.,

¶1delivered the opinion of the Court.

¶2If the appellant had. foreclosed his mortgage on the leasehold property himself, and sold it, it is clear that the taxes and ground rents due thereon at the time of such sale, must have been paid out of the proceeds of the sale before the purchaser took a good title thereto. When the -same leasehold property is sold by the insolvent trustees, we fail to see upon what principle of equity, the leasehold property should be relieved from the ground rents and taxes due upon it, and the burden cast upon the other personal property of the insolvent.

¶3The appellant had no lien on the personal property for his rents as he had not distrained. Nor is there any *312proof before us that any valid seizure by way of distraint,, by the Collector of the city had ever been made.

(Decided 19th June, 1883.)

¶4Order affirmed.