Scully v. Rose

Bryan, J., delivered the opinion of the Court. The appellee filed a bill against the appellant for an injunction in the Circuit Court for Anne Arundel County, sitting in equity. The appellant filed a demurrer to the bill, and after a hearing, the Court overruled the demurrer and granted the injunction. The defendant below appealed to this Court.

The bill alleges that the complainant is the owner in fee simple of a farm or tract of land in Anne Arundel County, and that in September, 1882, he verbally agreed with the defendant to rent him the said farm under a monthly tenancy commencing on the first day of October, 1882, with the right or license to the defendant to dig ore from ore-banks on the tract, and that defendant agreed to pay him thirty dollars a month rent, and a royalty of fifty cents a ton for each ton of ore taken from the said banks, and that the agreement was to be terminated at any time by thirty days’ notice by either party. The bill further alleges that in pursuance of the agreement the defendant kept possession of the tract, and paid the complainant the rent of thirty dollars, and the royalty up to the first day of February, 1883; that on or about the first day of January, 1883, the defendant sent a message to the complainant that he would not occupy the farm after the first day of February, and would not pay the monthly rent after that time, and offered to surrender the key of the dwelling-house on the farm, but stated that he intended to continue to dig the ore. The bill further alleges that while refusing to pay the monthly rent, the defendant intended and endeavored, and still endeavors, to use and occupy the ore-banks, which are alleged to be the most ⁴¹³ valuable part of the rented premises; and that because the agreement with the defendant was one entire contract, and the right to dig the ore was a mere license attached to the agreement to rent, the complainant refused to accept the surrender of the farm without the ore-hanks; and that the defendant on or about the first of February removed from the farm, and thereafter refused to pay any rent, and that the complainant in order to repossess said premises, farm and ore-banks, gave the defendant notice in writing more than thirty days prior to the first day of April, 1883, to remove from said premises, and surrender the ore-hanks. The bill further alleges that the said defendant still refused to surrender said property, and, that in order to obtain possession of said farm and ore-hanks, the complainant proceeded against him before a justice of the peace as a tenant holding over, and that said justice rendered judgment against complainant, believing that the defendant had surrendered the farm to him, and that he, the defendant, held the ore-banks under a verbal agreement subsequent to