Court: Court of Appeals of Maryland; October 10, 1967; Maryland; State Supreme Court
A prior appeal in Moore v. McAllister resulted in the reversal of Judge Henry's dismissal of the complaint due to jurisdictional issues. The case was remanded for temporary injunctive relief and further proceedings on the merits. On June 12, 1958, Judge Henry issued an injunction against John J. McAllister, prohibiting him from trespassing on a fifty-foot tract of land pending the case's resolution. On January 4, 1960, the appellees, Stillson A. Moore and Grace L. Moore, filed a supplementary complaint seeking damages for timber destruction caused by McAllister's interference with a road in that tract, which McAllister denied.
A resurvey was ordered on May 29, 1961, and completed on July 6, 1961, with a surveyor delineating the parties' claims. The case was heard by Judge Henry without a jury on February 26, 1964, but he did not issue a decision before retiring. The case was then assigned to Judge Mace, who issued a memorandum opinion on February 18, 1966, and subsequently an order on February 25, 1966, establishing the boundary on the C-D line of the survey and permanently enjoining McAllister from interfering with the appellees' land. The appellees were awarded nominal damages of one cent and costs.
On appeal, McAllister argued that Judge Mace erred in determining the boundary line and in concluding that the appellees held fee simple title to the roadway's bed, which justified the nominal damages award. Judge Mace's findings of fact and legal reasoning were deemed sufficient, with the appellate court affirming the order and ruling that there was no clear error in his findings or legal applications. McAllister was ordered to pay the costs.
