Hopkins v. Holland

Bryan, J., delivered the opinion of the Court. This is an appeal from an order of the Circuit Court for Harford County, continuing an injunction. The facts of the case are as follows : Mrs. Mary J. Hopkins leased to. Oliver S. Holland, Jr., a farm in Harford County for “ the term of one year with the privilege of three years.” At the expiration of one year from the beginning of the lease she instituted before a justice of the peace proceedings under Article 53 of the Code to obtain possession of the premises.

The justice having rendered judgment in her favor the tenant appealed to the-Circuit Court. In that Court a verdict was given for her and judgment was rendered in her favor for costs and for restitution of possession. After this judgment she caused a warrant of distress to be issued for rent alleged to have become due for the half year which had elapsed since the expiration of the lease. On the fifth day of September, 1895, the day after the distraintwas levied, Holland conveyed all his property to Willard G. Rouse in trust for the benefit of his creditors.

On the tenth day of September Holland filed a petition in the Circuit Court praying that the trustee might be directed to pay the rent and costs of distraint. The trustee consented to the passage of an order for the payment, and the Court passed it and the money was paid on the same day to Mrs. Hopkins. On the thirteenth day of September the warrant ⁹³ of restitution was issued from the Circuit Court and on the same day Holland and Rouse, the trustee, filed a bill in equity, alleging that Mrs. Hopkins had, by reason of the facts above stated, waived any right which she had to regain possession of her farm by virtue of the judgment of restitution ; and praying for an injunction to restrain her from proceeding with the execution of the warrant of restitution. The Court granted the injunction; and, on motion to dissolve, continued it.

An appeal was taken by Mrs. Hopkins. At the time when the distraint was issued Holland was occupying the premises wrongfully and against the will of the owner. His right of occupation had expired; and judgment of ouster had been pronounced against him after litigation, in which he had exhausted his means of resistance. When he took his appeal to the Circuit Court he exercised a right given him by the fourth section of Article 53 of the Code.

After authorizing an appeal the section proceeds as follows : “ And if said defendant shall file with said justice, to be by him transmitted with the papers in said case to said Court, a good and sufficient bond, with one