Fensterwald v. Samet

Offutt, J., delivered the opinion of the court. The only question presented by this appeal is whether there is in force in this state any rule of law requiring the lessee of a sub-ground rent to retain the ownership thereof for the protection of his landlord, or to alien it only to- solvent and responsible persons. Julius B. Fensterwald acquired the right to collect five sub-rents issuing out of a lot of ground on North Central Avenue in Baltimore City. One of these’, a rent fo-r fifteen dollars, issued out of a lot of ground about three feet wide by fifty-nine and two-tenths feet long, which was used by John Samet as an entrance to his coal yard.

This coal yard ²⁰² embraced several leasehold lots which Samet had acquired, with the lot in question, under an assignment from one Adolph Kres. Samet ceased to use this long, narrow lot as an entrance to his coa.1 yard, and as he had no other use for it and it was comparatively valueless for any other purpose, ho wanted to be relieved from the payment of fifteen dollars sub-rent issuing out of it. To secure such relief he assigned the sub-lease which he held on the lot to one Israel Klavansky, a peddler, who shortly afterwards -left Maryland, and whose whereabouts .at the time the bill was filed were unknown. Fensterwald then filed the bill, in which these facts were set out, and in it he asked that thei deed from Samet to Klavansky be set aside as in fraud of his rights.

A demurrer to the bill of complaint was sustained and the bill dismissed. It was from the order sustaining* the demurrer and dismissing the bill that this appeal was taken. We entirely concur in the action of the learned