Shipley v. Ritter
Court of Appeals of Maryland
Appeal from the Equity Side of the Circuit Court for Carroll county. The bill in this case was filed by the appellant against the appellees, alleging, that complainant is seized in fee-simple of a tract of land and plantation in Carroll county, (the title deeds to which are set out and exhibited with the bill,) consisting of two hundred and forty acres, more or less, and has been in the peaceable possession and occupancy thereof, claiming title thereto, for more than thirty…
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Appeal from the Equity Side of the Circuit Court for Carroll county. The bill in this case was filed by the appellant against the appellees, alleging, that complainant is seized in fee-simple of a tract of land and plantation in Carroll county, (the title deeds to which are set out and exhibited with the bill,) consisting of two hundred and forty acres, more or less, and has been in the peaceable possession and occupancy thereof, claiming title thereto, for more than thirty years; that it constitutes and is the residence of complainant and his family; that a part of it is in timber,…
1Opinion of the CourtTuck, J.
The doctrines of equity, applicable to cases like the one now before us, are so fully considered in the reported decisions of this court, and the authorities there referred to, that we deem a review of them altogether unnecessary. We consider it the settled law of this State, that although an injunction will not be granted to restrain a trespasser merely because he is a trespasser, yet equity will interfere where the injury is irreparable, or where full and adequate relief cannot be granted at law, or where the trespass goes to the destruction of the property as it had been held and enjoyed,…
2Cases cited7 opinions
- Jerome v. RossNew York Court of Chancery · 1823
- Whipple v. Cumberland Manuf'g Co.U.S. Circuit Court for the District of Maine · 1843
- Chesapeake & Ohio Canal Co. v. YoungCourt of Appeals of Maryland · 1853
- Amelung v. SeekampCourt of Appeals of Maryland · 1838
- Tolson v. TolsonCourt of Appeals of Maryland · 1849
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Wiggins & Johnson v. WilliamsSupreme Court of Florida · 1895
- Dudley & Carpenter v. Hurst, Miller & Co.Court of Appeals of Maryland · 1887
- Schaidt v. BlaulCourt of Appeals of Maryland · 1886
- Indian River Steamboat Co. v. East Coast Transportation Co.Supreme Court of Florida · 1891
- Carney v. HadleySupreme Court of Florida · 1893
18 more not listed; retrieve them via the Exa API.