76 Md. 178 | Md. | 1892
delivered the opinion of the Court.
This was a special case stated for the opinion of the Circuit Court of Baltimore City. It appears that on the ninth day of March, 1864, Henry Tiffany leased a certain lot of ground in Baltimore City to James Boyce at the annual rent of seven hundred dollars. The lease was for the term of ninety-nine years, and was renewable forever. It contained the usual covenants; and in addition thereto the following: “And further, the said Henry Tiffany, for himself, his heirs and assigns, hereby covenants with the said James Boyce, his executors, administrators and assigns, that when and'as the above described lot of ground shall have been improved by the erection thereon of good and substantial brick or stone dwelling houses, not less than three stories high and twenty feet front, he, the said Henry Tiffany, his heirs or assigns, will, at the request and proper cost of the said James Boyce, his executors, administrators or assigns, execute and deliver to him or them a separate lease for each house so built with the lot of ground and curtilage appurtenant thereto, thereby so apportioning and dividing the entire rent hereby reserved, that each lot, into which the whole shall be so sub-divided, shall be liable and bound solely for its own rent, which shall be a fair proportion of the whole and payable semi
As the original lease was made long prior-to the Act of 1888, it cannot be affected by any of its .provisions. This lease very distinctly created an irredeemable ground-rent of seven hundred dollars a year. A -redeemable rent, of course, would be of much less value. According to the lease the rent was binding on the whole lot, and it could be collected by distress from any personal property found on the premises except such as was. exempt by law. It was payable in solido, and not in separate proportions. All the property subject to distress, which was found on the premises was liable for all the rent. An occupant of a portion of the lot could not relieve his goods from distraint by paying a proportionate part of the whole rent. But this covenant for apportionment stipulated that when the lot should have been improved by the buildings mentioned, the lessor would
We do not think that the rents to he reserved in the-separate leases made in pursuance of the covenant will he redeemable under the Act' of 1888, chapter 385. The decree of the Circuit Court must he reversed.
Decree reversed, with costs in this Court and the Circuit Court.