Gelston v. Sigmund

Bartol, J., delivered the opinion of this Court. This being an appeal from orders of the Circuit Court granting injunctions, it must be determined upon the allegations of the bill. These are substantially that the appellee, on the 28th day of April, 1864, rented from Hugh Gelston, one of the appellants, two pieces of property in the city of Baltimore, fronting on Baltimore and Charles streets, for the term of one year from the 1st day of July, 1864, at the rate of $135 per month, by an agreement which is alleged to be in writing under seal, but is not produced or exhibited with the bill. That the lease was renewed by a written memorandum, not under seal, on the 11th day of April, 1865, for a further term of one year from the 1st day of July, 1865, for the same rent.

This memorandum is not exhibited with the bill. That he has béen in possession of the property for ten years at least, under leases from Gelston, and with the understanding that Gelston would from time to' time renew the current lease to the complainant, upon his giving him the same rent he might be able to obtain from other parties. That Gelston did, during the year 1865, and after the signing of the memorandum of lease above referred to, agree to let him retain the possession of the property from the 1st day of July, 1866, to the 1st day of July, 1867, upon the same terms as those already set forth, and that he would give him a memorandum to that effect, during the term of the running lease; that is to say, at the usual time of renewal, on or about the month of April, 1866. The bill further charges that Gelston refused to put in writing a memorandum of this last agreement, upon the ground that he had executed a lease to Wolf M. Meyenberg of the same promises, to commence on the 1st day of July, 1866.

That the agreement between Gelston and the com ³⁴² plainant was known to Meyenberg at the time he procured the lease from Gelston. The bill charges that after giving notice to the complainant to quit, Gelston, at the instigation of Meyenberg, resorted to a summary proceeding at law to eject the complainant from the premises at the expiration of his term, under the written memorandum of lease. That the-cause recently came on for hearing before the Court of Common Pleas of Baltimore city, which Court “ decided that there was merely an agreement to lease, and that such agreement was not binding in law, and the judgment of the Court was therefore against the complainant.” That he has filed a motion for a new trial in that Court. The bill prays for a specific performance by Gelston of his said contract, that he may be restrained from enforcing his judgment, and that Meyenberg may be restrained from going into possession of the premises, and may discover and produce his paper title, and for general relief.

Upon this bill the injunction was ordered as prayed on the 26th day of September, 1866 ; bond was filed and approved, and the writ of injunction issued on the same day. Afterwards an amended bill was filed by the complainant on the 5th day of October, 1866, charging that Gelston and Meyenberg by their attorneys are now pressing for an argument of the motion for a new trial in the Court of Common Pleas, and have obtained an order of that Court fixing that motion for hearing oji Saturday next, the 6th of October ; and praying for 'an injunction to restrain Gelston and Meyenberg from proceeding with the cause in the Court of Common Pleas; on appeal, or attempting to argue, or have disposed of, the motion for a new trial. On this amended bill an order was passed, on the 5th day of October, granting the injunction as therein prayed. From these orders