Linthicum v. Ray
Supreme Court of the United States
Error to the Supreme Court of the District of Columbia. This was an action on the case for obstructing the plaintiff in the use of a wharf in the city of .Georgetown, in the District of Columbia. The wharf was situated on the south side of Water Street, between Market and Frederick Streets, in that city, and extended one hundred and one feet on the Potomac River. The plaintiff asserted a right to its use under various mesne conveyances from Francis and Charles Lowndes.
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Error to the Supreme Court of the District of Columbia. This was an action on the case for obstructing the plaintiff in the use of a wharf in the city of .Georgetown, in the District of Columbia. The wharf was situated on the south side of Water Street, between Market and Frederick Streets, in that city, and extended one hundred and one feet on the Potomac River. The plaintiff asserted a right to its use under various mesne conveyances from Francis and Charles Lowndes. It appeared from the evidence that, in the year 1800, these parties were the joint owners of a wharf occupying the site of…
1Opinion of the CourtJustice Field
We do not deem it important to consider whether the conveyance to Smith from Templeman, the trustee, was authorized by the power contained in the deed to the latter, or whether the subsequent conveyances under Smith oper ated to vest a good title to the land upon which the present wharf is situated, or such a right of wharfage as to authorize the construction and exclusive use of the present wharf. The possession of the defendant under color and with claim of title is sufficient to put the plaintiff upon proof of a better title to the wharf, or, at least, of an equal right with the defendant…
2Cited by16 opinions
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- New Orleans Pacific Railway Co. v. ParkerSupreme Court of the United States · 1892
- Potomac Steamboat Co. v. Upper Potomac Steamboat Co.Supreme Court of the United States · 1884
- Fond du Lac Water Co. v. City of Fond du LacWisconsin Supreme Court · 1892
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