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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 372   View pdf image (33K)
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372 HIGH COURT OF CHANCERY.

is not irreparable and. destructive to the plaintiff's estate; but is susceptible
of perfect pecuniary compensation, and for which the party may obtain ade-
quate satisfaction in the ordinary course of law.

In the case of waste, where there is a privity of title, as between tenants for
life, or years, and the reversioner, it is not necessary for the plaintiff to show
irreparable injury or destruction to the estate, to entitle him to the remedy
by injunction.

But, as between strangers or parties claiming adversely, there is no distinction
between trespass and waste; and, in both cases, the injury must be shown
to be irreparable, before this court will grant an injunction.

A bill filed by a corporation need not be under its corporate seal. That it is
the bill of the corporation, is sufficiently vouched by the signature of the so-
licitor, whose authority to file it need not be exhibited.

[By the written agreement between these parties, dated the
11th of October, 1845, the plaintiff leased to the defendant, for
the term of seven years, the furnace erected on the property of
the plaintiff, known as the Lonaconing Furnace, together with
certain rights and privileges therein enumerated.

Then follows a provision, giving the defendant exclusive
use of the worked openings of the -company, and the right to
make other openings, &c.; and all timber necessary to the con-
struction and maintenance of the works, mines and buildings,
to be cut under the direction of the company. The defendant
was to pay a nominal rent for the space of two years and two
months from the date of the agreement, after which period he
was to pay for the property, rights and privileges aforesaid, at
the rate of one dollar per ton for pig or cast iron, in full for all
materials mined by him and used in the manufacture of iron ;

and for minerals and materials mined by him and sold to other
persons he was to pay a mine rent of twenty-five cents per ton.
It was further agreed, "that should a rail or other road be made
by the company from the works at Lonaconing to the rail road
now being constructed by the Maryland Mining Company, at
any time within the said two years and two months, then the said
rent of one dollar per ton should become payable on the com-
pletion of said road, provided, the transportation on said road be
done for the defendant by the company, at a rate not exceeding
two cents and a half per ton per mile."

It was also agreed, "that the said Detmold should be per-



 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 372   View pdf image (33K)
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