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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 485   View pdf image (33K)
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CHAPMAN VS. HOSKINS. 485
protected by compelling the executors, if there are assets, to
pay the claim. If blame attaches anywhere, it is to them for
paying the money to Scott alone, and not to Scott and Glenn.
The misapplication (if any) was the consequence of their act, and
not the act of their vendee, and surely, therefore, the latter
should be protected at least, until their inability to make good
the loss is ascertained. But the bill does not make a case, nor
is there anything in the evidence upon which any such relief
can be granted under the general prayer; and as Tiernan, the
mortgagee, died as far back as 1839, it may very reasonably
be presumed his estate has been settled up, and the assets dis-
tributed.
I am of opinion, therefore, that the complainants are not en-
titled to relief, and shall dismiss the bill; but as there is hard
ship in the case on both sides, shall do so, without costs.
CHARLES J. M. GWINN for; Complainants.
WILLIAM SCHLEY and JOHN NELSON for Defendants.
PEARSON CHAPMAN
vs. DECEMBER TERM, 1851.
JAS. 0. C. HOSKINS.
[RIGHTS OF RIPARIAN PROPRIETORS—SIGHT OF THE STATE TO GRANT LANDS
COVERED BY NAVIGABLE WATERS.]
Since the decision of the Court of Appeals of this state in the case of JBroiont
vs. Kennedy, SH.Sf J., 195, it is impossible to deny but that It Is competent lu
the state to grant land covered by navigable waters, subject to the right of
the public to fish in, and navigate them; but it does not follow that she is
bound to do so, or will do so, in every case in which application is made to
her.
Owners of lands bordering upon navigable waters are, as riparian proprietors,
entitled to any increase of the soil which may result from the gradual reces-
sion of the waters from the shore or from accretion by alluvion, or from any
other cause; and this is regarded as the equivalent for the loss they may
sustain from the breaking in, or encroachment of the waters upon their
lands.
42,*

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 485   View pdf image (33K)
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