Moale v. Mayor of Baltimore

Robinson, J., delivered the opinion of the Court. The preliminary injunction was properly refused in this case. In 1878, William A. Moale, it appears, leased to Charles Feutrier and his assigns, a lot in Baltimore City, for a term of five years. The lease contained the following agreement: “ That if the city authorities shall require the removal of the buildings to be erected on the aforesaid lot, or if said buildings shall he removed hy legal process, in those cases, this lease shall be null and void from the date of such removal.” Under this lease Feutrier erected certain wooden buildings, which were used by him as a riding school.

Afterwards and before the expiration of the lease, Feutrier mortgaged the premises to Sophia White, and upon a sale under the mortgage, Michael Duffy, one of the appellees, became the purchaser of the property. ⁴⁹⁹ (Decided 29th June, 1881.) Upon the complaint of persons in the neighborhood,' the Mayor of Baltimore Oity revoked the permit granted to Feutrier to erect wooden buildings on the lot, and notified Duffy as owner, to remove the same within sixty days. The Ordinance under which this notice was given, provides that, “ All permits granted for the erection of frame sheds, * * * * may be revoked, and the same shall