Dennison v. Lee

Where a money rent is reserved in a lease of land, payable on a certain day, and is not paid, it carries interest as a matter of right. A distress can only be made for the rent itself — interest on rent in arrear cannot be distrained for — but in an action of debt for the rent, interest is recoverable.

Appeal from Baltimore county court. This was an action of Debt, instituted by the appellees against the appellant, on the 15th of September, 1823, for rent in arrear, reserved on several leases, bearing date May 30th, 1807. The appellant was in possession of the demised premises, as assignee, of one Joel West, the lessee, and the suit was brought by the appellees, as guardians, of certain minors, the owners of the fee, in whose behalf the leases were executed, by an order of the Orphans court passed in virtue of a special act of the General Assembly of the State. The rent was made payable annually, on the 1st day of November, in each and every year, during the continuance of the lease, which contained the following clause of re-entry, Sec. Sec. “And if it shall happen, that the said yearly rent, or sum of $-., shall be in arrear and unpaid, for the space of sixty days next after the time on which the same is above reserved to be paid, the same being first lawfully demanded, that then it shall be lawful to and for the said, (the lessor, Sec.) or any of them, or any of their heirs or assigns, into the said demised premises, or any part thereof, in the name of the whole to re-enter, and the same to have again, repossess, occupy and enjoy, as in her or their former estate, until all such arrearages of rent, with legal interest therefor, and all expenses therein incurred, shall be fully satisfied and paid, or make distress therefor, at her or their option. And further, if it shall happen, that if the said rent shall be in arrear and unpaid, for the space of six months, that then, and in such case, this indenture, and every clause, matter and thing therein contained, shall be null and void, and of no effect.” There was a judgment by consent, for the plaintiffs, to be released on payment of the rent in arrear to be ascertained by the auditor, and interest on the sum so to be ascertained, if under the lease and circumstances of the case the court should be of opinion, that interest ought to be charged. The auditor reported the amount due, and the county court gave judgment for the same, with interest thereon until the money should be paid. From this judgment, the defendant prosecuted an appeal to this court.