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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 488   View pdf image (33K)
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488 HIGH COURT OF CHANCERY.
river with the ebb and flow of the tide, to the great damage of
the caveator, who is the owner and proprietor of "Craney Island"
and as such, is entitled to all the natural approaches by water
thereto, free from all obstructions or nuisances thereto.
Third. Because said survey includes ground covered by nav-
igable water, within the ebb and flow of the tide, and if said
land so covered by navigable water can be patented, which is
denied, then this caveator shows that he is the owner of the
land patented in the year 1673, by the name of "Grimes'
Ditch," together with an island about half a mile distant from
said land, and your caveator is prepared to show, and now avers,
that said island is known by the name of "Craney Island"
and has long been possessed by him, and those under whom he
claims, under and according to said patent, and that said island
formerly contained a large body of land, which since the
date of said patent has gradually been washing away until
now it is reduced to one acre, or thereabouts, and your caveator
further showeth that said "Hoskin's Island," as surveyed, is
within the area and ambit of said "Craney Island" as origi-
nally patented in the patent of "Grimes' Ditch," and there-
fore, if said land included in the survey of "Hoskins' Island"
be proper for a patent, it has already been patented as afore-
said, and is now held by this caveator under said patent, which
is in full force and virtue.
Fourth. Because this caveator is the owner of "Craney
Island," and as such, has for many years been accustomed to
have and maintain a fishery on, and from the shores of said
island, by hauling a seine by himself or his tenants, and the
said Hoskins seeks by his said survey and proceedings, to ob-
struct and destroy the fishery and fishing berth of this caveator,
by taking up as vacant, the land covered by water immediately
in front of the fishing shores of "Craney Island."
Fifth. Because the surveyor never actually run the lines of
said "Hoskins' Island," as he has certified the same, but has
merely protracted or extended said lines on paper from the
base or points connected with the shores of "Craney Island."
The testimony taken in the cause, and all other proceedings

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 488   View pdf image (33K)
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