Dean v. Brown
Court of Appeals of Maryland
Appeal from the Equity Side of the Circuit Court for Caroline county. The hill of complaint in this case was filed by the appel-lee against the appellants, for an injunction to restrain them from cutting and removing the wood and timber on a tract of land called “Allcock’s Ghcmce.” The material allegations of the hill and the facts of the case are stated in the opinion of this Court.
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Appeal from the Equity Side of the Circuit Court for Caroline county. The hill of complaint in this case was filed by the appel-lee against the appellants, for an injunction to restrain them from cutting and removing the wood and timber on a tract of land called “Allcock’s Ghcmce.” The material allegations of the hill and the facts of the case are stated in the opinion of this Court. The order making the injunction perpetual, should he reversed and the hill dismissed, for the following reasons: 1st. Because the case stated by the hill is a mere trespass, for which an injunction will not lie.…
1Opinion of the CourtCochran, J.
The injunction in this case was granted upon a hill filed' by the appellee to restrain the appellants from cutting and removing the wood and timber on a tract of land called ‘•Allcock's Chance.” The record shows that this land belonged to Catharine McOlish and Sarah Á. Green, her sister, as tenants in common, and that while they were so seized, the latter intermarried with one William P. Kelley, who sold the land to G-arretson Reese, and gave his individual bond for a conveyance thereof in July 1833. The death of Kelley occurred in 1844, and in December 1858, his widow and Catharine McClish…
2Cases cited6 opinions
- Jackson ex dem. Swartwout v. JohnsonNew York Supreme Court · 1825
- Smith ex dem. Teller v. BurtisNew York Supreme Court · 1812
- Jackson ex dem. Young & Devereux v. CampNew York Supreme Court · 1824
- Stump v. HenryCourt of Appeals of Maryland · 1854
- Purdy v. PurdyNew York Supreme Court · 1825
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3Cited by4 opinions
- Hanson v. JohnsonCourt of Appeals of Maryland · 1884
- Trustees of the Zion Church v. HilkenCourt of Appeals of Maryland · 1896
- Walsh v. McIntireCourt of Appeals of Maryland · 1888
- Yourik v. MalloneeCourt of Special Appeals of Maryland · 2007