Pfeltz v. Pfeltz

A testator being seized of a legal estate in fee in certain land, devised the same to his widow, during her widowhood or until their youngest child attained the age of twenty-one years, for the support of herself and their children, with remainder to the children, in fee, subject to the dower of the widow. Upon a bill filed by the widow and the children, charging against the defendant an unlaivfal and violent entry upon the land, taking the products thereof, and depriving the complainants of their means of support and maintenance, and praying that he may be compelled to surrender the land to'them, and for an injunction and a receiver of the rents and profits, ’pendente lite. Held: 1st. That the facts charged in the bill do not show that the defendant was committing irreparable damage to the property, to prevent which an injunction was necessary. 2nd. That the case presented by the bill is proper for redress at law, where the remedy is ample and complete, either by action of trespass, ejectment, or under the statutes for a forcible entry, and in such case a court of equity cannot rightfully interfere.

Appeal from the Circuit Court for Baltimore Ciiy. This appeal is from au order granting an injunction and appointing a receiver upon a bill filed on the 23rd of October 1857, by the appellees against the appellants. The bill alleges that George C. Pfeltz, in his lifetime, pur-» chased from J. J. Speed, trustee, under a decree in chancery, a tract of land in Baltimore county, containing one hundred: and twenty-one acres, more or less, described in a deed therefor from said Speed, as trustee, to said George, in fee-simple, dated tiie 26th of June 1847, which was duly recorded, and is filed as an exhibit with the bill; that after his purchase the said George entered into possession of the land, claiming title thereto under this purchase and deed, and continued in the peaceable possession thereof until April 1855, when he died', leaving the complainant, Sarah, his widow, and the other complainants, his children, all of whom are infants under the age of twenty-one years, and, also, leaving a will,'which is filed as an exhibit with the bill, by which he devised this land to the complainant, Sarah, during her widowhood, or until his youngest child should arrive at full age, she to receive the fonts, issues, and profits thereof, and apply the same to the’ support, education and maintenance of herself and the testator’s children, and should she marry, or when his youngest child shall attain the full age of twenty-one years, whichever shall first happen, then she is- to- sell the same and divide the-proceeds, after payment of her dower interest therein, among his children, share and share alike; (hat, after the death of the? said George, the complainants, claiming under this will, went into the peaceable and quiet possession of this land, and continued to receive the rents and profits thereof, and to apply the same to the purposes of the will, until on or about the month of' May last, when the defendant, Julius P. Pfeltz, unlawfully, violently, and contrary to equity and good conscience, entered upon and into the possession of said premises, and has since continued to hold the same unlawfully and against equity and' good conscience, to the great and manifest u’rong and injury of (he complainants, withholding from them any use or benefit of said premises, whereby they are, in great measure, deprived of their proper legal and equitable support and maintenance of and from the rents and profits of said land, he, the said Julius P. Pfeltz, not denying some right and title of the said George, but sometimes pretending and giving out in speeches that the right and title of said George was only equitable and not legal, and feigning and pretending some alleged forfeiture thereof, and pretending that his children, the other defendants, are entitled to said laud, because of such alleged forfeiture, and that the legal estate is outstanding, in a certain Job Smith, in trust for their use under some pretended deed, and, at other times, pretending some other excuse for his said' violent, unlawful and inequitable conduct in the premises, all of which pretences and excuses (he complainants aver are false and without foundation in law' or equity. The bill also charges that the said Julius P. Pfeltz is utterly insolvent, and then prays that he may be compelled, by decree, to surrender and yield up said land to the complainants, as in their former estate, and to account with them for the rents and profits thereof whilst so held by him, and pay over the same to the complainants for their own use and benefit, according to the terms of said will, and that the title of the complainants may be declared and quieted, and that, pendente lite, a receiver may be appointed of said rents and profits, and that said Julius P. Pfeltz may be enjoined and compelled to surrender up the premises to the receiver, when appointed,, and for general relief. On the same day that the bill was filed, the court (Krebs, J.) passed an order appointing a receiver, and granting an injunction as prayed, from which, after answer filed, the defendants appealed.