Cross v. McClenahan

Irving, J., delivered the opinion of the Court. Erom the affidavits filed in this cause respecting the tardiness in the transmission of the record to this Court, it is evident that the appellant is in nowise chargeable with laches, or fault in the premises, so that the case is properly before us for review. This is an appeal from a decree of the Circuit Court for Cecil County, sitting in equity, dismissing the appellant’s hill of complaint. The hill charges that the appellant owns certain quarries in Cecil.

County, which, from year, to year, for many years, down to and including the year 1870, the appellees have been renting from appellant upon the following terms, to wit, “fifty cents for évery perch of stone taken from the quarries of the quality known as ‘ Dimension Stone;’ twenty-five cents for every perch of ‘ large building stone;’ and twelve and one-half cents for every perch of ‘ small building stone or Rip Rap Stone;’” at which rates for some years the appellees accounted with and paid the appellant. That about the 2nd of June', 1870, the appellant served a legal, written' notice on the appellees requiring them to quit the premises at the end of the current year, viz., the 31st of December, 1870. The hill further charges that the appellees did not vacate and surrender the premises in accordance with the notice to quit; hut wrongfully continued in possession and held on, and afterwards fraudulently pretended to hold the premises of persons other than the appellant, by reason of which wrongful holding over, retention of possession, and refusal and neglect to account with the complainant, as to the amount and quality of stone taken from the quarries, he is unable to state an account or bring suit at law or distrain for the same. The hill charges that by reason of the wrongful retention of possession by the appellees of appellant’s property, they have become liable for double rent, to wit: double the several prices for stone taken from the quarries which by ²³ the contract of renting they were to pay and render.

The prayer is for discovery and an account, that the appellees may he decreed to pay double rent, and such relief as their- case may require. The answer admits in effect, the renting of the property from the appellant, and the payment of rent therefor by a per centage on the stone quarried; and the receiving a notice to quit at the expiration of the year 1810; but they deny that they did not abandon the premises as they were required by the notice to do; on the contrary, they aver that they ceased working the quarries and left, nothing on the premises, but an old crane and an old shed or shop which were not worth removing, and that the appellant could, at any time, have entered without molestation into the possession of his premises; but that the appellant was not satisfied with the abstinence of the appellees from working the quarries or interfering with them, and resorted to the provisions of Article 53 of the Code of Public General Laws of Maryland to regain possession which was not denied him. That two justices of the peace caused a jury to be summoned, and a trial was had, and a verdict was rendered that the appellees were not withholding possession from the appellant. It also denies the appellant’s title.

To this answer a general replication was filed, testimony was taken, and the case proceeded to hearing, and decree, which dismissed the bill. In the view we take of this case it is unnecessary for us to decide whether the full and unqualified relation of landlord and tenant ever existed between the parties to this suit; or whether the notice given the appellees to quit was a legally sufficient notice, or whether the defendants (appellees) obeyed the notice and abandoned the premises to the appellant, or wrongfully held over as charged in the bill; for, conceding all the allegations of the bill of complaint to be true, they have not made a case which will justify the interposition of a Court of equity. The ²⁴ relief which the appellant prays is a discovery, and an account of the amount of stone taken from the quarries of the appellant, and that the