Russell I. Diggs v. Morgan College
133 Md. 264 (1918)
OVERVIEW:
LEXIS 125
CASE SUMMARY:
Plaintiffs were adjacent landowners who filed a bill in equity against defendant, Morgan College to enjoin it from using some of its acreage as building lots to for black residents. The
Circuit Court for Baltimore County (Maryland) sustained the college's demurrer and dismissed the landowners' bill. The landowners sought review by the Court of Appeals.
The college was chartered under 1890 Md. Laws ch. 326, as amended by 1900 Md. Laws ch. 357 to furnish instruction in the higher branches of learning to members of the black
race.
The college raised two principal arguments in its demurrer. First, were the college's threatened acts ultra vires? And, second, did an equity court have jurisdiction to grant relief to those
suffering irreparable
injury as a result of such ultra vires acts? The issue was whether the landowners, by reason of their adjacent holdings, could attack the college's acquisition of the property as being an act
in excess of the
corporate powers, which were always limited to the expressed powers contained in the charter and those necessarily incident thereto. The court held that: (1) the college's charter
powers were exceedingly
broad; (2) there was no definite limitation either upon the acreage or value of any land that the institution could own, occupy, use, and enjoy; (3) unless the college's intended actions
amount to a public
nuisance, the trial court had no jurisdiction to grant an injunction; and (4) a residential black neighborhood was not itself a public nuisance.
Appellate Court Records:
COURT OF APPEALS (Docket) Diggs v.
Morgan College, 1918,
October Term, case no. 2, p. 163, MdHR 19,492 [MSA S412-17, 1/67/6/3].
COURT OF APPEALS (Opinions) Diggs v.
Morgan College, 1918,
October Term, case no. 2, MdHR 707-194 [MSA S393-180, 1/65/14/30].
COURT OF APPEALS (Misc. Papers) Diggs
v. Morgan College,
1918, October Term, case no. 2, MdHR 708-61 [MSA S397-64, 1/65/7/2].
COURT OF APPEALS (Records and Briefs) Diggs v. Morgan College, 1918, October Term, case no. 2
Note: No Records and briefs; not listed in index or in volume. Letters in Misc. Papers indicate that both parties prepared and likely submitted briefs.
Trial Court Records:
BALTIMORE COUNTRY CIRCUIT COURT
(Equity Docket)
Diggs v. Morgan College, 1917, WPC 23, case no. 14377, p. 59, MdHR 20,227-23 [MSA C326-23, 2/49/8/22].
BALTIMORE COUNTRY CIRCUIT COURT
(Equity Papers)
Diggs v. Morgan College, 1917, case no. 14377, box no. 905 [MSA T696-239, 0/35/10/21].
Scanned as msaref 5458-51-4467
See: McConnell, Roland C. The History of Morgan Park: A Baltimore Neighborhood, 1817-1999. Baltimore, MD: Morgan Park Improvement Association, 2000.
MD F190 .7 .M66M35 2000Q
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