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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 344   View pdf image (33K)
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344 HIGH COURT OF CHANCERY.
SAMUEL 0. COCKEY
MARY ANN CARROLI. AND MARCH TERM 1849
FRANCIS B. LAWRENSON.
[INJUNCTION TO PREVENT TRESPASSES,]
THE Court of Chancery in this state will not interfere by injunction where the
injury is not irreparable and destructive to the plaintiff's estate, but is sus-
ceptible of perfect pecuniary compensation, and for which the party may
obtain adequate satisfaction at law.
[The bill in this case was filed for an injunction to stay
waste, the complainant, Cockey, being an infant and suing by
David Carlisle, his guardian and next friend.
The bill, in substance, alleges, that Edward A. Cockey, the
father of the infant complainant, died in 1834, leaving a will, by
which he devised to complainant a tract of land in Baltimore
county, which he had. purchased many years before, and of
which, after having long been in undisputed possession thereof,
he died seized and possessed, and of which, since his death,
complainant, by his said guardian, has been in the full and un-
disputed possession. That defendants, Canroll & Lawrenson,
occupying an adjoining farm, have, within the last few months,
entered with their teams and wagons, servants, carts, &c.,
upon said land, and have committed, and daily persist in com-
mitting, against the remonstrance and warning of his guardian
and himself, the most injurious and destructive trespasses upon
the said land, traveling and hauling loads over the whole
breadth of the same, and cutting and removing the timber
thereof, and doing the greatest and irreparable injury to com-
plainant's said freehold and title by prostrating its forests and
wood lands and arable lands, and removing the barriers placed
there to insure the just enjoyment thereof, and to impede and
prevent the incursions of said defendants, their servants, teams,
&c. That he has commenced his action of trespass against
them, for said wrongs and trespasses, in Baltimore County

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 344   View pdf image (33K)
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