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492 HIGH COURT OF CHANCERY. Having sustained a loss of a part of his land by the inva- sion of the waters, nothing can be clearer, than that the state should do no act, which may deprive him, or even embarrass his right to the equivalent which his exposure to such loss en- titles him to claim, and if, as observed by the counsel for the caveatee, the land included in Mr. Hoskin's survey is gradually rising from the water, the riparian right of Mr. Chapman should be allowed to fasten upon it as a compensation for that which he has lost by the action of the same element upon his land. Mr. Hoskins cannot complain, as it seems to me, that he has been, in any way, misled by the state, or that any imposi- tion or bad faith has been shown towards, or practiced upon him. The description of the land furnished by himself, repre- sented it as "vacant land, being an island or bar in the Po- tomac river, commencing below Craney Island, and running up to, and adjoining said island." It was not described, as is the case, as land covered by the navigable waters of the river Potomac; but as an island or bar in the river, and it was not until the surveys were made, and proof taken upon the inter- position of the caveat by Mr. Chapman, that the true state of the facts was ascertained. But it is urged on behalf of Mr. Hoskins, that Chapman has no title to Craney Island, or at least, that his title is not alto- gether free from doubt; first, because he cannot make title to it, under the patent for "Grimes' Ditch," or in any other way And, secondly, because if he could make such title, by taking out a warrant for it as vacant land in 1836, he must be regard- ed as having surrendered his right; and that having failed to comply with the rules of the land office by compounding upon his certificate returned upon that warrant; and a proclamation warrant having been obtained by Hoskins to effect the same land, the title of Chapman under his warrant fell. I do not deem it necessary to express a very decided opin- ion in reference to the title of Chapman under the patent for "Grimes' Ditch," though looking to all the evidence and the circumstances of the case, I should be disposed to think he |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
| Volume 200, Volume 2, Page 492 View pdf image (33K) |
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