Patterson v. Gelston
Court of Appeals of Maryland
Appeal from a decision of tbe Commissioner of tbe Land Office. Tbe facts of tbis case are sufficiently stated in tbe opinion of tbe Court: 1st. Conceding tbe right of the State, since tbe decision of Brown vs. Kennedy, 5 M. & J., 195, and Oasey vs. In-loes, 1 Gill, 430, to grant land covered by navigable waters, so as to cut off water-front proprietors, in Baltimore city, from tbeir franchise of improvement under tbe Acts of 1145, cb. 9, sec. 10, and 1184, eh. 39, sec. 6;…
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Appeal from a decision of tbe Commissioner of tbe Land Office. Tbe facts of tbis case are sufficiently stated in tbe opinion of tbe Court: 1st. Conceding tbe right of the State, since tbe decision of Brown vs. Kennedy, 5 M. & J., 195, and Oasey vs. In-loes, 1 Gill, 430, to grant land covered by navigable waters, so as to cut off water-front proprietors, in Baltimore city, from tbeir franchise of improvement under tbe Acts of 1145, cb. 9, sec. 10, and 1184, eh. 39, sec. 6; yet it does not follow, tbat because the State may, it or its representative, the Land Office, must in all cases grant…
1Opinion of the Court
Bartol, J.,
delivered tbe opinion of tbis Court:
Tbe application in this case was made to tbe Land office, for a special warrant to cover about twenty acres of vacant land suggested to lie in Baltimore city, on Harris’ creek. A warrant was issued, and in its execution twenty-one acres, two roods, and twenty-four perches were located and embraced in a certificate of survey dated tbe 24th day of October 1851, by tbe name of “Oversight.” Tbis certificate was returned, and tbe composition money paid. A caveat was filed by tbe Canton Company as to part of tbe land embraced in tbe survey; and that…
2Cases cited2 opinions
- Day v. DayCourt of Appeals of Maryland · 1865
- Gittings v. MoaleCourt of Appeals of Maryland · 1864
3Cited by20 opinions
- Manry v. RobisonTexas Supreme Court · 1932
- Lohss and Sprenkle v. StateCourt of Appeals of Maryland · 1974
- Baltimore Building & Construction Trades Council v. BarnesCourt of Appeals of Maryland · 1981
- Goodsell v. LawsonCourt of Appeals of Maryland · 1875
- Board of Public Works v. Larmar Corp.Court of Appeals of Maryland · 1971
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