Evans v. Stinchcomb

Bond, C. J., delivered the opinion of the Court. In litigation between owners of two adjoining parcels of land on Gingerville Creek, South River, Anne Arundel County, the chancellor enjoined the owner of one, Evans, from planting oysters so close to the Stinchcomb shore line as to interfere with the Stinchcombs’ use of it for bathing and boating. A later application for an attachment of Evans for violation of the injunction was rejected, and the chancellor made the injunction more definite for the future by prescribing the exact depth of water that the defendant might use. The defendant objects to the procedure by which the change was made, contending that an order vacating the original decree, on a petition or bill of review, was necessary to accomplish it, and that a hearing, which was not had, was necessary.

This court finds no error, however. Evans had, in the year 1928, obtained a lease for cultivating oysters on the bottom opposite the adjoining land, but had made no use of it, having merely anchored boats in the area. After Stinchcomb and wife had filed their bill in this case, applying for an injunction to restrain interference with their water rights, Evans made application for another lease of oyster bottoms covering those ⁴⁸⁴ in front of the Stinchcomb land. In the litigation the court,, after full hearing, and personal inspection of the premises in company of counsel for both sides, passed a decree on July 2, 1940, in which each party was enjoined from interference with riparian rights of the other.

Evans being enjoined specifically from interfering with the rights of bathing and boating from the Stinchcomb shore by mooring boats and planting oysters. Upon a petition of the Stinchcombs for elaboration of the injunction, it was on July 8, 1940, ordered that the decree stand open for further consideration, but on February 17, 1941, the court reaffirmed it upon condition that Evans withdraw his new application for additional leased bottoms in front of the adjoining shore, or assign all his right, title and interest in it to the Stinchcombs. On April 17, 1941, the Stinchcombs, averring that Evans had bedded oysters and shells along the' entire length of their front within water not more than two feet ten inches deep, thus preventing wading and bathing, obtained an order nisi for the attachment of Evans for contempt of court in violating the court’s previous order, and Evans answered. It was in this subsequent proceeding that the order appealed from was passed.

In an accompanying memorandum the court recited its efforts to settle the questions at issue, and the passage of the decree, “which was considered self-explanatory,” and the