Camp v. Boyd
Camp v. Boyd
Opinion of the Court
delivered the opinion of the Court:
First, appellant here insists that no case is presented “which calls for the intervention of an equity court.” To sustain this contention it must appear that appellees have a full and complete remedy at law. As to the Daugherty and Frethey leases, under one view of the case it will be readily seen that complainants would be without adequate remedy in a court of law. If the first proposition contended for by complainants should be sustained, namely, that the sale of the Daugherty and Frethey ground rents extinguished all of Blodgett’s interest in the parcels of land covered thereby, complainants’ remedy in a court of law would probably be adequate. If, on the other hand, it should be held that such sale did not extinguish Blodgett’s reversionary interest in said parcels, it is apparent, the ninety-nine-year terms having ended without renewal, that it would require the intervention of a court of equity to afford relief. Banks v. Haskie, 45 Md. 207; Kilbourn v. Sunderland, 130 U. S. 514, 32 L. ed. 1008, 9 Sup. Ct. Rep. 594. As to the Fennell tract, while the remedy at law would appear to be adequate, there is no apparent reason why a court of equity, having assumed jurisdiction as to the other two tracts men
Coming to the merits of the case, the interesting question is presented as to the meaning of the term “ground rents” as employed in said decree and the conveyances by the trustee thereunder, it being contended on the one hand that “ground rents,” as thus employed, conveyed to the grantees Blodgett’s right in perpetuity to receive rent under said leases, and hence that such conveyances really extinguished all of Blodgett’s interest in said parcels of land, and, on the other hand, that all that was sold and conveyed was Blodgett’s right to receive rents during the ninety-nine-year terms, and that the privilege of renewal not having been exercised within those terms, Camp, as the grantee of the heirs of Blodgett, is entitled to possession.
Leases of this character were very common in Maryland in colonial times. We therefore, in the absence of authority in our own jurisdiction, resort to the adjudged cases in that jurisdiction in our effort to find a solution of the question in issue. In Banks v. Haskie, supra, the question was whether the owner of the leasehold interest, not having exercised the right of renewal within the ninety-nine years, was entitled, as against the owner of the fee, to enforce specific execution of the renewal covenant. Decree for complainant. The court found that the intention of the lessor in the execution of such a conveyance was to secure prompt payment in perpetuity of the interest on a sum of money equal to the value of the property in fee at the time of the execution of the lease, and that the intention of the lessee was to acquire a perpetual interest in the premises which would justify him in making improvements on the property, and treating it in other respects as his own. In that lease, as in the Daugherty and Erethey leases, there was a covenant requiring the lessee to improve the premises by erecting a building thereon. This the court found to be evidence of the permanent character of the tenure. After stating that courts should so treat and construe such a lease as most effectually to carry out the intent of the parties, the court said: “This character
In Ogle v. Reynolds, 75 Md. 145, 23 Atl. 137, the testatrix bequeathed “four several ground rents,” payable out of a certain lot, to defray her funeral expenses and to erect monuments to her parents, her husband, and herself. All her other property, both real and personal, passed under her will. The court ruled that the reversion or fee passed under the will, and in the course of the opinion said: “Primarily, ‘ground rents’ mean, it is true, the rent payable to the lessor, but at the same time it must be conceded that the reversionary interest in the lots thus leased is generally designated and known as ‘ground rents.’ ”
Jones v. Rose, 96 Md. 483, 54 Atl. 69, is the latest decision of the Maryland court of appeals upon this subject. In that case the owner of land which was subject to an old ground rent joined in a deed of partition charging the rent upon one part, and exonerating the remainder of the land therefrom. Subsequently one of the parties to this deed acquired the outstanding ground rent, and conveyed the same to certain of the other parties to the deed of partition. These grantees thereupon executed a deed conveying the rent to the owners of the lot upon
It is apparent from an examination of the preceding cases that the term “ground rents” in Maryland has, since colonial times, possessed a peculiar and comprehensive significance. This fact ought to be controlling in this case, because the property affected by this decision was, just prior to the conveyance of the “groimd rents” herein involved, a part of the State of Maryland, and said demises were undoubtedly made with reference to the then signification of the above term. In the light of these observations let us briefly review the conditions exist-'
We therefore agree with the learned trial justice that the extinguishment of, the ground rents exhausted the rights of the reversioner, and that, when the ground rents and the leasehold interests became merged, the merger carried with it the fee. We more readily adopt the reasoning and conclusion of the Maryland authorities on this question because of the extreme technicality of appellant’s contention. When these rents were sold and conveyed, it was undoubtedly intended to lay hold of and extinguish all of Blodgett’s interest in the property mentioned. Appellant’s claim is therefore based upon an alleged omission, rather than upon any just or equitable foundation.
The decree is affirmed, with costs. Affirmed.
On application of the appellant an appeal to the Supreme Court of the United States was allowed May 13, 1910.
Reference
- Full Case Name
- CAMP v. BOYD
- Status
- Published
- Syllabus
- Equity; Injunction; Ejectment; “Ground Bents;” Leases; Judicial Sales. 1. A bill in equity to enjoin the prosecution of an action of ejectment esCnnot be defeated on the ground that the complainant has an adequate remedy at law, where the prayers for relief are in the alternative, and the granting of one of them would require the intervention of a court of equity to afford relief, such as the passage of a decree directing the renewal, after its expiration, of a 99-year lease renewable forever. 2. Where a court of equity has jurisdiction to enjoin the prosecution of an action of ejectment involving three tracts of land, so far as two of the tracts are concerned, on the ground that the defendants in the action have no adequate remedy at law as to the two tracts, it will assume jurisdiction as to the other tract, although as to that the defendants would have such a remedy, in order to dispose of the whole ease and thus end the litigation. 3. The term “ground rents” has, since colonial times, possessed in Maryland a peculiar and comprehensive meaning, which ought to be followed in the determination here of a suit involving the meaning of the expression as used in a conveyance of land which, shortly prior to the conveyance, was part of that State, upon the ground that the expression was used in the conveyance with reference to its then significance. 4. Where the old circuit court of this District, in a judgment creditors’ suit, directed by its decree the sale of the “ground rents” of the judgment debtor in partial satisfaction of a judgment against him, and it appeared that at the time of the decree there were outstanding ninety-nine-year leases made by him, renewable forever, and which contained covenants requiring the lessees to improve the demised premises by erecting buildings thereon, which leases were subject to a deed of trust made by the lessor to secure prizes in a lottery, one of which the judgment creditor drew, and for the amount of which he obtained his judgment, it was held that the decree extinguished the interest of the lessor in the reversion, as well as in the leasehold, and that the purchasers at a sale under the decree took his entire title, and not merely his right to receive rents during the term of the lease.