Bratt v. Woolston

Stone, J., delivered the opinion of the Court. Certain leasehold property in the City of Baltimore was held by Samuel S. Woolston, lessee, under .a long lease, with covenant of renewal, etc. The lessor was a certain John Bratt, now deceased. The lease being about to expire the lessee filed a hill against the representatives of the lessor to have it renewed according to the covenants in the lease; and the Court below so decreed. Two'of the representatives of John Bratt have appealed from the decree.

There seems to he no dispute as to the facts in this case. These facts may he briefly stated thus: That Samuel S. Woolston, one of the appellees, became by various mesne conveyances, the assignee ⁶¹¹ of a certain William Davison to whom John Bratt had leased certain property in Baltimore; that Samuel W. Lippincott owns the reversion in fee of the property; that the original and suh-leases all contain covenants for renewal; that the lease will soon expire. These are all the facts we deem necessary to state. The appellants both answered the bill, and in the most unqualified terms agreed that the lease should be renewed; and they both say: “Now prays that they may be renewed according to the covenants thereof; and this respondent tenders himself ready and willing to do, pay, covenant and perform whatever this Honorable Court may.decree in the premises.” They both in their answers pray the Court to reserve any rights they might have among themselves as there was a case pending between the representatives of John Bratt.

The decree of the Court passed on the bill and answers, as far as we can see, is in entire conformity with the answers of the defendants, and the consent therein given, and we are at a loss to know why this appeal was brought here, unless for the purpose of getting some decision that would in some way affect the case of Bratt vs. Bratt, et al. It seems that John Bratt left a widow, Comfort C. Bratt, a son,' Samuel Bratt, and a daughter, Susan M. Bratt. That the daughter Susan died soon after her father, and that the widow and son, after the death of the daughter, divided this leasehold property