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THE CAPE SABLE COMPANY'S CASE. 607
defendants, The Cape Sable Company and Richard Caton, and also
against Charles Carroll of Carrollton) Alexander Mitchell and Wil-
liam McMechen, for the purpose of obtaining payment of certain
large sums of money, &c.; that by an act passed on the J 8th of
February, 1819, Richard Caton, John Gibson and others, consti-
tuting the association under the deed of the 21st of June, 1813,
were incorporated by the name of The Cape Sable Company; (a)
and were completely organized, as such, accordingly, on the first
Monday, or fifth day of April, 1819. This bill moreover proceeds,
as is stated by the Chancellor in delivering his opinion, to set forth
the rights of these plaintiffs; and their object in filing this bill.
Whereupon they prayed for relief and an injunction. Which in-
junction was granted accordingly. On the 7th of March, 1823,
Robert and John Oliver put in their joint and separate answer;
and obtained an order, in the usual form, for a dissolution of the
injunction at the ensuing term; when the motion was brought
before the court.
21st April, 1823. —JOHNSON, Chancellor. —An injunction issued
in this case to prevent the sale of the property of The Cope Sable
Company, taken in execution under a judgment obtained by Robert
and John Oliver against the company, in Anne Arundel County
Court To the bill filed, on which the injunction was ordered, the
Olivers have answered; and, at the present term, the motion to
dissolve the injunction was elaborately argued. Since the argu-
ment the case has been maturely considered. It is a cause of a
novel description, demanding full reflection, not only from the
character of the case, but from its importance in respect to the
amount of property in controversy,
In the year 1812 an agreement was entered into between John
Gibson, Richard Caton and others, and a company was formed to
search for coal in Anne Arundel county; and, to enable the com-
pany to carry their objects into execution, Gibson, by a deed,
executed on the 21st of June, 1833, conveyed several tracts of
land to Charles Carroll in trust. By the agreement and deed mil
the interest in the land, and the works then or thereafter erected,
and in the profits and emoluments were divided into sixty shares;
twenty to Gibson; thirty-nine to the other persons, mentioned in
the deed, and the remaining share to Gibson, to be disposed of for
the common interest. Twenty-five out of the thirty-nine stares to
(a) 1818, ch, 195.
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