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15S 13 E. 1, STAT. 1, CAP. 15, PROCHEIN AMI. in departing from the general rule. That where a plaintiff is in posses- sion and the person doing the acts complained of is an utter stranger, not claiming under color of right, then the tendency of the Court is not to grant an injunction, unless there are special circumstances, but to leave the plaintiff to his remedy at law; though if the acts tend to the destruction of the inheritance, the Court will grant an injunction. That where a plaintiff in possession seeks to restrain one who claims by an adverse title, the tendency of the Court will be to grant the injunction, at least when the acts committed do or may tend to the destruction of the estate. There a person, not being in possession of an estate, claimed it as heir at law and entered upon it, cut down trees and dug sods, and threatened to repeat his conduct in order to establish his title as against the possessor, who by himself and his ancestors had been in possession of the estate for more than eighty years, and it was decided on a bill filed by the possessor against the claimant, that as the defendant's acts might be injurious to the inheritance, he must be restrained by injunction from committing them. 121 CAP. XV. An Enfant eloined may sue by Prochein Amy. In every case whereas such In omni casu quo minores as be within Age may sue, it infra etatem implacitari pos- ts ordained, thai if such with- sunt concessum est quod si in Age be cloined. so that they hujusniodi minores elongati cannot sue personally. their sint quo minus persoualiter next Friends shall be admitted sequi possint propinquiores to sue for them. amici admittantur ad sequen- dum pro eis Enfant's suit. Dyer, 104. 2 Ed. 3, 16. 40 Ed. 3, 16. Bro. Gardein, 13, 22, 24, 25, 26, 27. Regist. 78. 2 Inst. 390. 3 Ed. I, c. 47. At common law an infant sued by guardian, but as infants were fre- quently secreted by their guardians it became necessary to make another provision, which is made general by this Act. So, though it in terms refers to infants eloigned, it is held that the eloignment is put only to shew what mischief may fall out, and therefore an infant may sue by prochein ami whether he is eloigned or not. And so the general rule is that an infant must sue by next friend or guardian, the common law not being excluded by the Statute, Davis v. Jacquin, 5 H. & J. 101, and de- |
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Alexander's British statutes in force in Maryland. 2d ed., 1912
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