Jackson v. Bennett
Court of Appeals of Maryland
Appeal from the Circuit Court for Dorchester County. On March 23, 1894, the appellees filed a petition in said Court setting forth that .the appellant recently located and appropriated five acres in the waters of Holland’s Straits, in Dorchester County, for the purpose of preserving, bedding or sowing oysters ; that the said five acres are a natural bed or bar of oysters ; that the appropriation thereof by the appellant would injure the petitioners in their right to take…
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Appeal from the Circuit Court for Dorchester County. On March 23, 1894, the appellees filed a petition in said Court setting forth that .the appellant recently located and appropriated five acres in the waters of Holland’s Straits, in Dorchester County, for the purpose of preserving, bedding or sowing oysters ; that the said five acres are a natural bed or bar of oysters ; that the appropriation thereof by the appellant would injure the petitioners in their right to take oysters from the same, and praying that the location might be annulled and vacated. The appellant demurred to the petition,…
1Opinion of the CourtRobinson, C. J.
Sec. 39, Art. 72 of the Code, provides that any owner of lands bordering upon any of the waters of this State, shall have the right to locate and appropriate in any of the waters adjoining his lands, one lot of five acres, for the purpose of protecting, preserving and bedding of oysters; and any male citizen of the State shall have the power to locate and appropriate one lot of five acres, and no more, in any of the waters of the State ; provided thirty days notice in writing shall be given to the owner or occupant of land bordering on said waters ; and provided, however, that no natural bar…
2Cases cited3 opinions
- Page v. Mayor of BaltimoreCourt of Appeals of Maryland · 1871
- George's Creek Coal & Iron Co. v. New Central Coal Co.Court of Appeals of Maryland · 1874
- Rundle v. Mayor of BaltimoreCourt of Appeals of Maryland · 1868
3Cited by10 opinions
- Simpler v. State, Use of BoydCourt of Appeals of Maryland · 1960
- Harold C. Hinton, Virginia S. Hinton v. Eva Robertson Hinton and Sidwell Friends SchoolCourt of Appeals for the D.C. Circuit · 1970
- Khalifa v. ShannonCourt of Appeals of Maryland · 2008
- Hixon v. BuchbergerCourt of Appeals of Maryland · 1986
- Ex Parte the Estate of BristorCourt of Appeals of Maryland · 1911
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