Dircks v. Brant

GrRAsoN, J., delivered the opinion of the Court. The record in this case shows that Hilleary Brant, one of the appellees, rented from John B. Smeising the farm of the latter for one year from the first day of February, 1878, with the privilege of three years more, paying five hundred dollars a year rent for the farm, stock, farming implements, &c. Before the expiration of the first year the farm was sold by the sheriff under an execution, issued upon a judgment against Smeising, which had been rendered some time before the renting took place. There was some negotiation between the purchaser, Paul Dircks, and Hilleary Brant, shortly after the sale to the former, with a view to a continuance of the tenancy, hut no agreement was reached, whereupon Paul Dircks filed a petition in the Circuit Court for Allegany County, for a' writ of “habere facias possessionem” to obtain possession of the farm, to which Hilleary Brant filed an answer, but before any action was taken by the Court, and before the expiration of his year’s tenancy, Brant voluntarily removed from the rented premises, having however seeded wheat and rye upon the land.

It further appears, that after the negotiations between Paul Dircks and Hilleary Brant for a continuance of the renting had failed, .the former brought two suits before a justice of the peace of said county for rent of the farm, in one of which he recovered a judgment for $55, and the second of which does not appear to have been determined. The first bill is for rent from 7th September, 1878, to November, 1878, at $41.66§ per month, and the second hill is for rent for twenty-eight days, to November 29th, 1878. The amounts so charged would he the proper proportions of the rent of $500 a year, for the time charged. Paul Dircks swears that the ⁵⁰² justice of the peace made out the hills without any directions from him as to the particulars of the hills, and that the suits were in fact brought to recover for the use and occupation of the premises from the time he made the purchase till he obtained possession of the farm, and not for rent as such.

This seems to be founded in reason ; as Smeising had rented not only the farm, but also the stock, farming implements, &c., which were on it at the time of renting, for the rent of five hundred dollars per annum,