Legal Opinion

Linthicum v. Shipley

Court of Appeals of Maryland

Decided January 11, 1922PublishedCited by 15 opinions

Appeal from the Commissioner of the Land. Office. Caveat by John F. Shipley and George J. Cook to a certificate of survey filed in connection with an application for a patent by Joshua S. Linthicum. From an order sustaining the caveat, said Linthicum appeals.

1Opinion of the CourtAdkists, J.

This appeal is from an order of the Commissioner of the Land Office, sustaining the caveat of the appellees, and refusing to grant a patent to appellant to part of the bed of a body of water, designated in the surveyor’s certificate as a “pond,” in the Third Election District of Anne Arundel County, containing, in the part alleged to be vacant land, thirty acres.

This pond, or lake, or whatever may he its proper designation, is entirely surrounded by lands owned by the caveators and the caveatees, and by one Hancock.

The grounds of the caveat are:

1. That the survey comprehends within its metes…

2Cases cited8 opinions

  1. Day v. DayCourt of Appeals of Maryland · 1865
  2. Gouverneur v. National Ice Co.New York Court of Appeals · 1892
  3. Hess v. MuirCourt of Appeals of Maryland · 1886
  4. Browne v. KennedyCourt of Appeals of Maryland · 1821
  5. Wheeler v. . SpinolaNew York Court of Appeals · 1873

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3Cited by15 opinions

  1. Toy v. Atlantic Gulf & Pacific Co.Court of Appeals of Maryland · 1939
  2. Duval v. ThomasSupreme Court of Florida · 1959
  3. Department of Natural Resources v. FranceCourt of Appeals of Maryland · 1976
  4. Adams v. CareyCourt of Appeals of Maryland · 1937
  5. Cahill v. Mayor of BaltimoreCourt of Appeals of Maryland · 1938

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