Legal Opinion

Baltimore v. McKim

High Court of Chancery of Maryland

Decided November 29, 1831Published

This case was brought before the Chancellor in the Land Office-on caveats by The Mayor and City Council of Baltimore against the issuing of patents on several certificates returned by Isaac McKim, Jannet Hollins, Joseph King, junior, Robert Howard, John White, Thomas Wilson, John Spear Nicholas, Dabney S. Carr, John S. Smith, Robert Smith and James Howard, for separate parcels of the ground called Smith’s Wharf. These certificates and caveats were entirely distinct.

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This case was brought before the Chancellor in the Land Office-on caveats by The Mayor and City Council of Baltimore against the issuing of patents on several certificates returned by Isaac McKim, Jannet Hollins, Joseph King, junior, Robert Howard, John White, Thomas Wilson, John Spear Nicholas, Dabney S. Carr, John S. Smith, Robert Smith and James Howard, for separate parcels of the ground called Smith’s Wharf. These certificates and caveats were entirely distinct. An order was passed on each appointing a day for hearing, directing the surveyor of the county to lay down the lands, and…

1Opinion of the Court

Bland, Chancellor.

To have a correct conception of the matter in controversy, it will he proper to recollect, that the city of Baltimore was laid out, and has grown up round the margin of a cove of the Patapsco river, near the mouth, and to the westward of the stream called Jones’ Falls, which passes through the city; that much of the margin of this cove was originally a marsh inundated at every reflux of the tide; that as the *454only navigable entrance to this cove, is by a narrow channel from the east, every encroachment upon it, by wharfing or making fast land, following the directions of the…

2Cases cited3 opinions

  1. Browne v. KennedyCourt of Appeals of Maryland · 1821
  2. Giraud's Lessee v. HughesCourt of Appeals of Maryland · 1829
  3. Harrison v. SterettCourt of Appeals of Maryland · 1774

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