Finglass v. George Franke Sons Co.

Bond, C. J., delivered the opinion of the Court. The parties are adjoining owners of lots of ground, with improvements, on the west side of South Eutaw Street in Baltimore City, abutting on a rear alley, 'and the appellants seek to enjoin interference by the appellees with their use of the alley. The chancellor found that there was no sufficient ground for equitable jurisdiction, and dismissed the bill of complaint; and the appeal is from the dismissal. The alley runs north from a narrow street now called Lemmon Street.

In 1913 the Franke Company acquired two lots extending west from Eutaw Street, one abutting on Lemmon Street, and both on the alley at its southern end. Finglass and wife acquired the next lot to'the north, at the upper end of the alley, in 1935. The alley was closed at its southern end by a gate, and at its northern end, next to their property, by a fence with a small gate. Both gates were in the control of the Franke Company, and it denied any right in these owners of the adjoining lot to pass through.

The appellants refer to provisions in the- title deeds of both parties for the use of the alley in common, and claim title to that use; and the appellee, on the other hand, adduces evidence to show title by adverse possession and user during twenty years and more prior to the acquisition by Finglass and wife. Under the settled practice in' this state, the dispute of title should be litigated at law, and the decision of the chancellor in that respect was correct. If the easement exists, no case of destruction of it for any use is pre ¹³⁷ sented; and