Mountain Lake Park Ass'n v. Shartzer

Briscoe, J., delivered the opinion of the Court. The bill in this case was filed by the Mountain Lake Park Association of Garrett County to enjoin the prosecution of an action of ejectment brought by Edward Hoye, trustee, under the will of John Hoye, to recover a tract of land known as Military Lot No. 858. This lot is now in ¹² the possession of the appellant company, but a claim of title is also made by the appellee, John Shartzer, substituted trustee, in the place of Edward Hoye, deceased. A preliminary injunction was granted, but after a hearing of the case, on bill, answer and proof, it was dissolved, and from that order this appeal has been taken.

The prayer of the bill is, that the defendant, Edward Hoye, trustee, be perpetually enjoined and forever prohibited from asserting title to Military Lot No. 858, and from further prosecuting, the suit in ejectment, as well as for other relief. Now it is well settled that proceedings in ejectment will not be enjoined where the questions of title involved may be properly determined at law, or where the ground relied upon for an injunction would be equally available if urged as a defence to the action of ejectment. What then is the case made by the bill against this defendant ? It charges that on the 26th of July, 1830, William W. Hoye was seized and possessed of a tract of land situate in what was then Allegany County, but what is now Garrett County; that this tract of land is known as Militaiy Lot No. 858, westward of Fort Cumberland, that is to say, a part of the lands laid out and awarded by the State of Maryland to the officers and soldiers of the Revolutionary War; that on the 14th of November, 1835, Wm.

W. Hoye and wife conveyed this Military Lot to one John Hoye; t'hat the said John died in the year 1849, whereupon the title to this lot passed under his will to George Smith and Edward Hoye, trustees named therein; that Edward Hoye refused to accept the trust and George Smith, the other trustee, took charge of the lands, under the trusts of the will, until his death in 1884, when the said Edward was appointed in his stead. It further charges, that on the 7th of September, 1881, this lot (No. 858) was sold by the Messrs. Gordon, trustees, to one Joseph C. Alderson, under a decree of the Circuit Court for Allegany County to sell the real estate of ¹³ Paul Hoye, and Wm. W. Hoye, deceased ; that at that time, and down to the year 1890, it was supposed that this lot (No. 858) was included in a tract of land called “