Legal Opinion

Fort v. Groves

Court of Appeals of Maryland

Decided June 23, 1868PublishedCited by 6 opinions

Appeal from the Circuit Court for Howard County, in equity. The bill in this case was filed by the appellants, as owners of certain lots in Ellicott City binding on a road or street *which they claimed had been dedicated, as a public highway, thirty feet wide, by those under whom they and the appellee, (who was the owner of certain other lots,) derived title; and had been laid out and located by commissioners appointed for that purpose, under an Act passed in 1852. The bill…

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Appeal from the Circuit Court for Howard County, in equity. The bill in this case was filed by the appellants, as owners of certain lots in Ellicott City binding on a road or street *which they claimed had been dedicated, as a public highway, thirty feet wide, by those under whom they and the appellee, (who was the owner of certain other lots,) derived title; and had been laid out and located by commissioners appointed for that purpose, under an Act passed in 1852. The bill alleged that the defendant had extended his buildings and inclosures so as to take in a part of said street, leaving…

1Opinion of the CourtBartol, C. J.

The bill of complaint filed by the appellants in this case prays for a writ of injunction, to compel the appellee to remove certain obstructions alleged to have been placed by him upon “ County street ” in the village of Ellicott’s Mills, and to restrain him from further’ obstructing the same. The appellants are owners of lots bounding upon the street, and the bill alleges that the obstructions complained of cause to them “ especial, peculiar and irreparable injury,” by impairing the enjoyment and value of their property. The chief defense taken by the answer and relied on in the argument, is…

2Cases cited4 opinions

  1. White v. FlannigainCourt of Appeals of Maryland · 1852
  2. Hamilton v. WhitridgeCourt of Appeals of Maryland · 1857
  3. Cherry v. SteinCourt of Appeals of Maryland · 1858
  4. Amelung v. SeekampCourt of Appeals of Maryland · 1838

3Cited by6 opinions

  1. Keystone Bridge Co. v. SummersWest Virginia Supreme Court · 1878
  2. El Bey v. Moorish Science Temple of America, Inc.Court of Appeals of Maryland · 2001
  3. Bailey v. CulverSupreme Court of Missouri · 1884
  4. Chestnut Real Estate Partnership v. HuberCourt of Special Appeals of Maryland · 2002
  5. Joseph J. Robinson & Son v. Consolidated Real Estate & Fire InsuranceCourt of Appeals of Maryland · 1880

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