Gore v. Todd

Urner, J., delivered the opinion of the Court. The appellants filed an application with the Commissioner-of the Land Office for a survey and grant of certain land which they alleged to be vacant and described as “all that part of an island, called ‘Middle Island’ or ‘Adams Island/' which is not included within the deed from Clarence T. Todd and wife to Euth E. Moore, dated the 27th day of September, 1924, and recorded in Liber J. F .D. Ho. 15, page 325, one of the land records of Dorchester County. Said island lies between the Chesapeake Bay on the west and Holland Straits on the east, and lies immediately south of the west end of Billy’s Island and immediately north of the north end of Holland’s Island.” A special warrant was issued out of the Land Office directing the County Surveyor of Dor ²⁸⁷ Chester County to survey the land mentioned in the application. The certificate and plat returned by the surveyor to the Land Office show that he included in his survey the whole of Middle or Adams Island, containing about 185 acres of land.

In a postscript to his certificate the surveyor ■ stated: “Hot knowing where ‘the Middle Island’ 53% acres lay at, I have not subtracted it from the whole.” The land which he was unable to identify was that conveyed by the deed from Clarence T. Todd and wife to Ruth E. Moore, to which the special warrant and the application for a patent had referred. That deed conveyed an undivided one-third interest in a tract of land in Dorchester County known as “Middle Island” or “Adams Island,” “fifty (50) acres of land, more or less,” which had been devised to the grantor and his mother and sister, in equal shares, by the will of his father, George T. Todd, who had acquired it in 1912 by deed from T. Sangston Insley, trustee, appointed by decree to sell and convey the real estate of George Todd, deceased. In 1866 the same land had been conveyed by William Price ■and others to Ephraim Price and George Todd, the latter being the father of George T. Todd, and in 189? Ephraim Price conveyed his interest to George Todd by a deed which described the land as being a tract “known as the ‘Middle Island,’ situated and lying in Dorchester County and running the several courses agreeable to patent or certificate containing fifty-two and one quarter aeres, more or less,” and “commonly called ‘Adam’s Island.’ ” As described in the deed of 1866 from William Price and others, the tract thereby conveyed was “known as the Middle Island situated and lying in Dorchester County to the north end of 'Cotney’s Island, and running the several courses agreeable to patent or certificate containing fifty-two and one quarter acres, more or less.” There is evidence in the record that Cotney’s Island was the name by which Holland’s Island was formerly known.

In 1?95 William Crosswell conveyed to William Price a ■tract of land “called the Middle Island, situate, lying and ²⁸⁸ being in Dorchester County and on the north end of 'Cotney’s Island, Beginning1 at a marked Cedar Post, standing on the North end of the aforesaid Island, then runs the several courses agreeable to Patent or Certificate, containing fifty-three acres and one quarter of an acre of Land, more or less, together with all Lands, Houses, Orchards, Gardains, Profits, Advantages, and appurtenances thereto belonging or in anywise appertaining.” By a patent issued in 1793 the State granted to William Crosswell the tract of “land called the Middle Island, situate, lying and being in Dorchester County on the north end of the aforesaid island called Cotney’s Island or otherwise called Hall’s Hammock. Beginning for the outlines of the survey at a marked cedar post situate upon the North end of the aforesaid Island from thence runs the following courses viz: South seventy-nine degrees West twelve perches, South eight degrees West one hundred and ten perches, South thirty degrees East sixty-four perches, South nine degrees East one hundred and ten perches, South seventy-seven degrees & one quarter East thirty-two perches, then with a straight line to the first beginning. Containing fifty-three acres and one quarter of an acre according to the Certificate of Survey thereof taken and returned into the Land Office bearing date the tenth day of October seventeen hundred and ninety-two, and there remaining: Together with all rights, profits, benefits, and privileges thereunto belonging.” As holders of the record title to fifty-three and one quarter acres of Adams Island and as claimants of the title to the remainder of the island by adverse possession, the appellees filed a caveat against the issuance of a patent to' the appellants for any part of