Smith v. Lord

Thomas, J., delivered the opinion of the Court. When this casé was before this Court in 109 Mdd. 42, we said that the plaintiff was entitled to the “injunction as originally granted and to the accounting as prayed in the bill of complaint,” and the decree of the Court below was accordingly reversed, and the case was remanded for further proceedings in accordance with the views expressed in the opinion in that case. Thereupon, on the petition of the plaintifF, the Circuit Court of Baltimore City passed an order making perpetual the injunction issued on the 24th of December, 1907, and further restraining the defendant from attempting to dispose of the property situated on Guilford avenue, in Baltimore City, mentioned in the bill of complaint, and requiring the defendant to discover, etc., the amounts of money due C. W. Lord and Company. From this order the defendant has appealed on the ground that that part of the order which restrains the defendant from disposing of the property on Guilford avenue is not in accordance with the views expressed by this Court on the former appeal.

The injunction which we said the plaintiff was entitled to was the “injunction as originally granted,” and in order to ascertain what that was we must refer to the record in that case. In the 15th paragraph of his bill, which was filed on the 24th of December, 1907, the plaintiff alleged that on or about the 1st day of October, 1907, the defendant purchased with $1,750.00 of the plaintiff’s money the ground rent or reversionary interest in the property known as Ho. 2318 Guilford avenue, in Baltimore City, and that he therefore holds said ⁵⁰² property “upon an implied trust for the benefit of the plaintiff,” The prayer for an injunction was, among other things, that “pending these proceedings, the said defendant” be further enjoined “from alienating or disposing of” the property on Guilford Avenue, mentioned in the bill; and the order of the Court granting the injunction was as follows: “Ordered by the Circuit Court of Baltimore City, this 24th day of December, 1907, that an injunction, prohibitory and mandatory, as prayed in said bill, issue against the defendant, Henry W. Smith, upon the filing by complainant of a bond in the penalty of $5,000.00, with surety or sureties thereon approved by the Clerk of this Court, provided that leave is hereby reserved to the defendant to move for a dissolution of this injunction at any time after filing his answer to said bill, upon giving the plaintiff five days’ notice of such motion. And the Clerk is hereby directed to annex a copy of this order to the writ of injunction.” This was the only order granting an injunction passed in the case, and. as it directed the writ to issue as prayed in the bill, it is clear that the injunction granted by the Court below enjoined the