534 DUVALL v. WATERS.—1 BLAND.

properly and regularly dissolved according to the course of this
Court. "

After which the suit was regularly revived by bill; and the case
was referred to arbitrators, who returned an award, tipon which,
on the 6th of August, 1832, a final decree was passed, which
closed the case.

DUVALL v. WATERS.

INJUNCTION TO STAY WASTE.—SALE UNDER FIERI FACIAS.—FRAUDULENT CON-
VEYANCE.

The distinction between waste and trespass as regards the proceeding by
injunction. The preventive and corrective common law remedy for
waste.

The writ of estrepement to prevent waste associated with an action to try
the right.

Waste is the abuse, or destructive use, of property by him who has not an
absolute, unqualified title, while trespass, in general, is an injury or use
of property by one who has no right whatever.

When any permanent or lasting injury is done by the holder of the particu-
lar estate to the inheritance, or to the prejudice of any one who has an
interest in the inheritance, it is properly called waste.

An injunction to stay waste may be granted in a variety of cases in which
an action of waste will not lie. And the Court will, in many cases,
exercise a conservative power over property, because of there being no
mode of obtaining adequate relief at law. (a)

In England, if the injunction bill states and admits, that the defendant
asserts and relies upon what he alleges to be a valid adverse title in
himself, the plaintiff thereby states himself out of Court; or if the de-
fendant in his answer positively denies the plaintiff's title, the injunc-
tion will be refused, or, having been granted, will, on the coming in of
such an answer, be dissolved.

But in Maryland, if the plaintiff, by his bill for an injunction, can and does
put the title in issue here; or, if he states, that he has actually brought
an action at law to try the right, he may have an injunction to stay
waste, pending the suit here, or the action at law; and, such injunction
will not be dissolved on the coming in of an answer which denies the
plaintiff's right. If however, after he has filed such a bill here to try
the right, he wishes to obtain an injunction to stay waste, he should
apply for it by petition in the same case, and not by a separate bill, (b)

An injunction to stay waste, pending a suit, does not restrain the defendant
from cultivating, or making any of the ordinary uses of the land.

(a) Cited in State v. Railway, 18 Md. 213. Cf. Hill v. Bowie, post, 593;
Murdochs Case, 2 Bland, 461. As to injunctions to restrain trespass, see
Amelung v. Seekamp, 9 G. & J. 468.

(b) Cited in Irwin v. Dixion, 9 Howard, 39.