Legal Opinion

Chesapeake & Ohio Canal Co. v. Young

Court of Appeals of Maryland

Decided June 15, 1853PublishedCited by 27 opinions

Appeal from the Equity Side of Allegany county court. The bill in this case was filed by the appellant, on the 25th of August 1850, against the appellee, for an injunction to prevent the latter from occupying a certain piece or plat of land in Cumberland, at the western terminus of the canal. The location of the land in controversy and the allegations of the bill and answer, are sufficiently stated in the opinion of this court.

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Appeal from the Equity Side of Allegany county court. The bill in this case was filed by the appellant, on the 25th of August 1850, against the appellee, for an injunction to prevent the latter from occupying a certain piece or plat of land in Cumberland, at the western terminus of the canal. The location of the land in controversy and the allegations of the bill and answer, are sufficiently stated in the opinion of this court. The answer of Young, besides denying the allegations of the bill, avers that he purchased the land from the owners, and denies that a court of equity has any…

1Opinion of the CourtLe Grand, C. J.

The bill filed in this case was for an injunction. It, in substance,- states, that a small piece of land running parallel with Wilb creek, and lying between the inner basin and the guard-bank, which was so prepared and arranged by complainant, partly for the purpose of strengthening the guard-bank, partly for the purpose of a lock-house lot, and partly for the purpose of erecting thereon work-shops, buildings and sheds: that it is the only spot of ground the company has reserved to itself about Cumberland for these purposes, and that it is absolutely necessary for the proper management and…

2Cases cited2 opinions

  1. Irwin v. DixionSupreme Court of the United States · 1850
  2. White v. FlannigainCourt of Appeals of Maryland · 1852

3Cited by27 opinions

  1. Semmes v. WorthingtonCourt of Appeals of Maryland · 1873
  2. Hamilton v. ThirstonCourt of Appeals of Maryland · 1901
  3. Moore v. McAllisterCourt of Appeals of Maryland · 1958
  4. Martin v. Howard CountyCourt of Appeals of Maryland · 1998
  5. Oberheim v. ReesideCourt of Appeals of Maryland · 1911

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