| Roland Park Co. v. Hull, 92 Md. 301, 48 A. 366 (1901)
Appeal from Baltimore County Circuit Court
OVERVIEW: The principal ground relied upon by the developer in its bill to restrain the suit at law was the alleged fact that defendants sold the developer the land used by him as a disposal field for his
subdivision and knew the exact purpose for which the land was purchased. The developer claimed that defendants were equitably estopped from claiming any damage for a nuisance, which made it
impossible
for defendants to sell their land or the lots, by reason of its maintenance. The court noted that the developer's defense was based upon an equitable estoppel. If the facts constituted an estoppel, they could be
set up by way of defense at law as in equity. In order to justify a resort to a court of equity, it was necessary to show some ground of equity other than the estoppel itself. The second ground of relief alleged
by the bill was to prevent a multiplicity of suits. Affirming, the court ruled that a court of equity could not exercise its jurisdiction for the purpose of preventing a multiplicity of suits in cases where the plaintiff
invoking such jurisdiction did not have a prior existing cause of action, either equitable or legal, and no prior existing right to some relief.
Appellate Court Records:
COURT OF APPEALS (Docket) Roland Park Co. v. Hull, 1901,
January Term, case no. 11, p. 220, MdHR 640 [MSA S412-14, 1/66/14/45]
COURT OF APPEALS (Opinions) Roland Park Co. v. Hull, 1901,
January Term, case no. 11, MdHR 707-138 [MSA S393-124, 1/65/13/70]
COURT OF APPEALS (Records and Briefs) Roland Park Co. v. Hull, 1900, October Term, case no. 10 [MSA S1733-158, 1/65/2/7]
Trial Court Records:
BALTIMORE COUNTY CIRCUIT COURT (Civil Docket) Hull v.
Roland Park Co., Volume NMB 20 pp. 28 and 396, Case no. 2830, MdHR 20,222-19 [MSA C358-19, 2/48/14/19]
See also: BALTIMORE COUNTY CIRCUIT COURT (Civil
Docket) Hull v. Roland Park Co., Volume NMB 20, page 27, Case no. 2828, MdHR 20,222-19 [MSA C358-19, 2/48/14/19]
BALTIMORE COUNTY CIRCUIT COURT (Civil Papers) Hull v.
Roland Park Co., Box 278 No. 2830 [MSA T697-1, 2/54/14/2]
Note: No separate papers located for 2828.
Mapping:
Property located in the vicinity of Cold Spring Lane and Ashland Ave (now Wimslow Road?).
1898 Bromley Atlas of Baltimore County, plate 13, Detail of
Evergreen
Google Map
Scanned as msaref 5458-51-4155
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