McAllister v. Moore

Per Curiam. On the first appeal in this case, Moore v. McAllister, 216 Md. 497 , 141 A. 2d 176 , we reversed Judge Henry who had dismissed the bill of complaint on the ground that he was without jurisdiction to determine the issues raised by the pleadings. ⁵²⁹ We remanded the case with instructions to grant temporary injunctive relief and to proceed to hear and determine on the merits the issue posed by the pleadings. Judge Henry, on June-12, 1958, issued an order enjoining John J. McAllister, appellant, his agents, etc. from trespassing, encroaching, damaging or obstructing a tract of land fifty feet in width mentioned in the pleadings, pending a final determination of the case. On January 4, 1960, Stillson A. Moore and Grace L. Moore, appellees, filed a supplementary bill of complaint in which they sought damages for timber cut and standing which was destroyed by the acts of the appellant in interfering with the use of the road alleged to be within the fifty foot strip in question.

This claim for damages was denied by the appellant’s answer, duly filed. On May 29, 1961, a warrant of resurvey was ordered, and returned on July 6, 1961, by the surveyor, Fayette M. Latham, Jr., accompanied by a survey and plat in which he set forth the pretentions of the respective parties, the line C-D representing the pretention of the appellees and the line A-B that of the appellant. The case was heard by Judge Henry without a jury on February 26, 1964, but he retired in March before rendering a decision. Counsel for the respective parties filed trial briefs and, after argument, submitted the case to Judge Mace for decision.

On February 18,