Hunt v. Brown
Court of Appeals of Maryland
Appeal from the Baltimore City Court. This was an action of ejectment brought by the appellee against the appellant and another, to recover a lot of ground embracing the southern half of the bed of the Windsor Mill or Liberty road, at its intersection with the west side of G-ilmor street.
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Appeal from the Baltimore City Court. This was an action of ejectment brought by the appellee against the appellant and another, to recover a lot of ground embracing the southern half of the bed of the Windsor Mill or Liberty road, at its intersection with the west side of G-ilmor street. The plaintiff offered in evidence the patent of Newington, dated 18th of June, 1789, to Alexander Lawson, which embraced 482| acres, including the land In controversy, and traced a clear paper title to himself. He also proved that there was no conveyance from any of those under whom he claimed, of the lot in…
1Opinion of the CourtRobinson, J.
This case falls directly, it seems to us, within the decision in Peabody Heights Company vs. Sadtler, 63 Md., 533. No one questions that a grant of land bordering ■on a highway, carries as a general rule, the fee to the middle of the road, if the grantor is the owner of the fee. The law never presumes that in parting with his interest in the land adjoining a public way. the grantor meant to reserve the fee in the way, subject to the public easement. And hence a grant of land described as bordering “on,” “along” or “by” a highway will by legal implication, carry the fee to the centre of the…
2Cases cited1 opinion
- Peabody Heights Co. v. SadtlerCourt of Appeals of Maryland · 1885
3Cited by7 opinions
- Peck v. Baltimore CountyCourt of Appeals of Maryland · 1979
- City of Nashville v. LawrenceTennessee Supreme Court · 1925
- Betcher v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1910
- Weems v. County CommissionersCourt of Appeals of Maryland · 2007
- Title, Incorporated v. DubelCourt of Appeals of Maryland · 1939
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