Maryland Trust Co. v. Tulip Realty Co.

Per Curiam. The first appeal in this case, reported in 220 Md. 399 , was by Woodmoor Realty Corporation, Sedgemoor Realty Corporation and others from a decretal order of the Circuit Court for Baltimore County dated November 13, 1958. In order to accomplish its primary and fundamental purpose to effectively prevent passage by foot from Woodmoor’s parking lot to Sedgemoor’s supermarket building, the order, in the part here significant, ordered and directed Sedgemoor, Woodmoor, Ellis Myers, Paul Goodman, Abraham Goodman (stockholders of Sedgemoor and of Woodmoor) and each of them “to construct or cause to be constructed a page-type wire fence beginning at a point one foot east of the northwesterly corner of the building [Sedgemoor’s building] and thence running westerly to the western boundary of the lot of ground of the Sedgemoor Realty Corporation, which wire fence shall not be less than five feet in height and which shall then extend in a southerly direction along the common boundary line between Sedgemoor Realty Corporation and Woodmoor Realty * * We held that (at p. 417 of 220 Md.) “[t]hat part of the decretal order which required the erection of a wire fence was proper and will be affirmed, but only Woodmoor should have been required or commanded to perform the action specified and Sedgemoor and the stockholders should have been forbidden to interfere with the action required of Wood-moor”. [Emphasis supplied.] The appellants, Maryland Trust Company, and Christopher Rupp and George Spurrier, Trustees, were parties to the case when the first appeal was taken and decided. Maryland Trust Company was a mortgagee of Sedgemoor and now is