Day v. Day
Court of Appeals of Maryland
Appeal from a decision of tbe Commissioner of tbe Land Office. This appeal was taken on the 16th August 1860, from a decision of tbe Opmmissioner of tbe Land Office, rendered on the 18th of November 1859, overruling a caveat •filed by tbe appellant to tbe issuing of a patent’ to the appellee for “Mud Island.” A common warrant was issued out of the Land Office to the appellee, on tlie 3rd of February 1836, for ten acres of land.
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Appeal from a decision of tbe Commissioner of tbe Land Office. This appeal was taken on the 16th August 1860, from a decision of tbe Opmmissioner of tbe Land Office, rendered on the 18th of November 1859, overruling a caveat •filed by tbe appellant to tbe issuing of a patent’ to the appellee for “Mud Island.” A common warrant was issued out of the Land Office to the appellee, on tlie 3rd of February 1836, for ten acres of land. On this warrant the survey was made, on the 18th of February 1836, of ten acres of land lying in Baltimore County, and the certificate of the surveyor was returned to…
1Opinion of the CourtCocHRAN, J.
The first objection presented by the appellant to the issue of a patent on the certificate of survey in this case, is founded on the Act of 1862, chapter 129, which expressly prohibits the issue of any patent of land covered by navigable waters. The survey was made under a common warrant, issued from the Land Office on the 3rd of February 1836, and the certificate thereof, returned on the 2nd of February 1837, states that nine and a half of the ten acres described, are covered by navigable water at high tides. The proceedings of the appellee to acquire a title from the State, appear to have…
2Cases cited2 opinions
- United States v. Schooner PeggySupreme Court of the United States · 1801
- Keller v. StateCourt of Appeals of Maryland · 1858
3Cited by60 opinions
- Harbor Island Marina v. BOARD OF CTY. COMMISSIONERS OF CALVERT CTY.Court of Appeals of Maryland · 1979
- Janda v. General Motors Corp.Court of Appeals of Maryland · 1964
- Yorkdale Corp. v. PowellCourt of Appeals of Maryland · 1965
- Unnamed Physician v. Commission on Medical DisciplineCourt of Appeals of Maryland · 1979
- Potomac Sand & Gravel Co. v. GovernorCourt of Appeals of Maryland · 1972
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