Connaughton v. Bernard

Citations

• 84 Md. 577
• 36 A. 265
• 1897 Md. LEXIS 6

Syllabus

<p>Apportionment of Rent—Sublease—Covenant Against Other Rent— Marketable Title—Conveyance by Administrator of two Persons— Mortgage Sale—Failure to File Statement of Amount Due on Mortgage—Sale of Property with Right to Build Over an Alley —Notice of Easement—Rescinding Order Ratifying a Sale.</p> <p>In 1829 certain land in Baltimore City was leased for ninety-nine years subject to an annual rent of $135. The lessees afterwards subleased a part of it subject to an annual rent of #31, and another part subject to a rent of $26. The owner of the second lot executed another lease on the same, reserving a rent of $60. All the subleases contained covenants against any other and greater rent. The owners of the original reversion for more than twenty years have collected $31 from the holder of lot No. 1, and the remainder of the original rent from other parties to whom the residue of the original tract had been subleased. In making the subleases, the original lessees undertook to apportion the rent at the same rate at which the whole lot was leased to them. No greater or other rent has ever been demanded from the holders of these leases than that mentioned in the subleases. The two lots above mentioned were sold by the administrator under an advertisement, which stated that the first lot was subject to an annual ground rent of $31, and the second to a ground rent of$6o. Upon exceptions to the sale, Held,</p> <p>1st. That it must be assumed in the absence of evidence to the contrary that the owners of the original reversion had acquiesced in the apportionment of the rent, although there was no record evidence of the same, and that the title to the property was marketable.</p> <p>2nd. That although a greater rent was reserved upon the second lot than was mentioned in the first sublease, that fact cannot injuriously affect the purchaser thereof, since he can see that out of the rent paid by him the amount reserved by the first sublease is paid, the covenants in the lease affo