Murphy v. City of Wilmington

Bradford for the appellants. The proceeding of the city upon due consideration would be found to resolve itself into an illegal and unconstitutional attempt to compel the complainants below to bear the expense of abating a gross nuisance on their lands, for which the city was responsible, and which it wrongfully permitted to continue for many years. The depositions in the case show that John Montgomery, many years prior to the construction of the Monroe street culvert, reaped substantial benefit from the cultivation of his portion of the lands assessed and referred to in the bill of…