WASHINGTON COUNTY CIRCUIT COURT (Equity Papers) Consolidated Canal Cases, 4191 & 4198, 1890 MSA C2406-1.
Documents relating to land and water rights, leasing agreements, land sales, and canal condition reports.
(Last Updated November 17, 2000)

In 1889 a devastating flood occurred along the Potomac River that caused extensive damage to the C&O Canal. The damage forced the C&O Canal Company to suspend operation and eventually admit that it could not pay for repairs and meet its financial obligations. Legal proceedings were initiated on behalf of bondholders  in Washington County Circuit Court. Two suits were brought: case 4191 requesting that receivers be appointed, and case 4198 requesting the sale of the entire canal.  The cases were merged as the "Consolidated Canal Cases." Similar proceedings were initiated in the Supreme Court of the District of Columbia (Equity case 12,240).  Both courts placed the canal in receivership and as time progressed, portions were sold off or acquired for various river front projects. For an analysis of these proceedings see Chapter XII: "The Last Years of the Canal," in Walter Sanderlin's The Great National Project: A History of the Chesapeake and Ohio Canal.

Court action and rulings cover more than fifty years and resulted in an extensive amount of material, which includes bills of complaint, petitions, exhibits, affidavits, court orders, claims by creditors, opinions, receiver's reports, and accountants reports. Documents and proceedings relating to land and water rights, leasing agreements, land sales, and canal condition reports have been placed in series MSA C2406-1. The remaining material is available in WASHINGTON COUNTY CIRCUIT COURT (Equity Papers) Consolidated Canal Cases, 1890, Boxes 319 & 320, MSA T425.

C2406-1 Document list and images

C2406-1-1
Receiver's Reports
(Reports on the condition of the canal including lists of lease agreements, property owners on both sides of the river, and a schedule of water rents).

• First Report of Receivers, Filed May 15, 1890
• Exhibit Report of Supreme Court of the District of Columbia Equity No. 12,240 with Receivers 2nd Report, Filed June 9, 1890
• 3rd Report of District Receivers, August 12, 1890

• Petition for Authority to Convey Certain Property to Harpers Ferry Paper Co. and Order of the Court, Filed May 2, 1932
• Deed, Herbert R. Preston et al, Trustees and The Harpers Ferry Paper Company for Dam Head Tract Above Keep Tryst Washington County Maryland, Filed May 2, 1932

• (Allegany County) Description of parcels on the canal. Good for associating condemnation proceedings with original tracts. Plats also helpful in placing tracts on the river.
• (Washington County) Description of 18 Parcels on the canal. Good for associating condemnation proceedings with original tracts. Plats also helpful in placing tracts on the river.

C2406-1-5
Documents Relating to the The District of Columbia Paper Manufacturing Company and water rights

• Petition Asking Approval of Supplementary Lease of Water to the District of Columbia Paper Manufacturing Company, Filed June 29, 1922
• Exhibit Lease with Petition of Surviving Trustees, File June 29, 1922
• Order of Court Authorizing Supplemental Lease to the District of Columbia Paper Manufacturing Co., Filed June 29, 1922
• Petition of the Trustees for Authority to Increase the Water Supply at the Georgetown Level, Filed August 9, 1928

• Exhibit 1, Articles of Agreement C&O Canal Co. with Potomac Red Sandstone Co. Water Lease, Filed April 9, 1892
• Petition of the Seneca Stone Company of Maryland and Order of the Court, Filed April 9, 1892
• Depositions of David L. Shoemaker, William T. Duvall, and James T. Suridells, witnesses on Wharf of the Petitioner, Filed June 9, 1892
• Opinion & Order of Court on Petition of the Seneca Stone Company for injunction, Filed July 12, 1892

• Report, Petition, Order and Exhibit, Martinsburg Power Co., Filed July 23, 1906
• Order of Court Ratifying Contract with the Martinsburg Power Company, Filed August 29, 1906
• Petition of Trustees for the approval of modification of existing contracts for water at Dams No. 4 and No. 5, Filed May 2, 1921
• Order of Court on Petition of Trustees filed May 2, 1921, Filed May 7, 1921
• Agreement filed with Petition of Surviving Trustees, Filed May 4, 1923
• Petition of Surviving Trustees for approval of contract dated January 8th with the Williamsport Power Company and order of Court Thereon, Filed May 4, 1923
• Petition and Order of Court for the Restoration of Dam 4, Filed July 31, 1936

• Deed from James Clarke to Abraham Few from Liber D, Folio 694  Washington County Court Land Records 23 March 1786. Copy of deed on land bordering Potomac River 1 mile below Wills Creek.
• Exhibit H, Certified Copy of Deed from George Hoblitzell and Sally his wife to the Chesapeake & Ohio Canal Company, Filed May 30, 1891 Deed is from 18 April 1840 relates to land next to Dam 8 and Edward's Tavern.
• Deed from Receivers of the Chesapeake and Ohio Canal Company to the United States of America, September 23, 1938

• Documents refer to land acquisitions necessary for the Western Maryland Railway to cross the C&O Canal. Tracts listed include: Walnut Bottom, The First Chance, and Lot condemned in Chesapeake and Ohio Canal Company vs. Thomas I. McKaig, Trustee, and R.S. McKaig, Lessee, January 4th, 1868 as recorded in Judgment Record No. 12, Folio 68. (Plat not extremely helpful for plotting it is creased and torn in several places. The agreement is not entirely useful beyond the plat names)

C2406-1-10
Material relating to the Great Falls Power Company inquiries on land and water rights from the C&O in order to build a dam near Great Falls
(View Additional Material)

• Report & Petition of Cowen et al. Surviving Trustees & Exhibit, Filed April 8, 1901
• Exhibit Agreement with Report and Petition of John R. Cowen, Joseph Bryan and H. Bord, Filed April 8, 1901
• Exceptions and attachments, Filed April 20, 1901
• Petition of Great Falls Power Company for Ratification of sale
• Court Order, March 1902