Vanneman v. Pusey

Fowler, J., delivered the opinion of the Court. The questions presented for our consideration arise in the following manner. At an election for Mayor of Havre de Grace on the 7th of January last Robert K. Vanneman and Clarence C. Pusey were the only persons voted for, the latter having received a majority of votes cast. He subsequently took the oath of office required by law, and openly assumed and thereafter exercised the functions of Mayor.

At a meeting of the City Council held on January 14th, 1901, the then Mayor, Mr. Vanneman,, declared Mr. Pusey elected Mayor to serve for the year 1-901. Mr. Pusey then qualified by taking the oath of office required' by law, and has been ever since in the possession and exercising the duties of the office of Mayor of Havre de Grace. On the 30th March Mr. Vanneman filed in the Circuit Court for Harford County a petition for mandamus, claiming that he and not Mr. Pusey was duly elected. This contention is-based upon one and only one ground, namely, that Mr. Pusey is not now and never has been assessed upon the tax-books of Havre de Grace with real property within the limits of that city to an amount of not less than one thousand dollars as required by section 142 of Art. 13 of Public Local Laws (Harford County), as amended by Act of 1890, ch. 180, which among other things provides that the Mayor of Havre de Grace shall at the time of his election and for three months next preceding be “assessed upon the tax-books of said city with real property within the city limits to an amount not less than one thousand dollars.” This petition was duly answered by the defendant, and the case was tried before the Court without a jury on an agreed statement of facts, and resulted in the passage of an order ⁶⁹⁰ dismissing the petition.

The plaintiff has appealed, and, as we have said, the only question before us is whether the defendant, Pusey, is assessed as' required by law. The assessment relied on by the defendant is an assessment amounting to $4,400 of real estate in Havre de Grace in the name of C. C. Pusey & Co. This property it is conceded was owned by the defendant and his partner, Wm. H. Brown, and was conveyed to them by deed from W. S. McCombs and wife. They were, therefore, tenants in common, and as such, each was entitled to one-half of the common property.

And so also they are admitted to be equal partners, and as such they own the real estate, if it be considered partnership property, in the same, that is to say, equal proportions. ■ Hence unless we are prepared to hold that in order to qualify a person for the office of Mayor of Havre de Grace he must be separately and