Peterkin v. Inloes

Tuck, J., delivered the opinion of this court. As the present controversy grows out of the same title as that, set up in the case of Hammond vs. Inloes, (ante, 138,) and the suit was defended in the same manner, reference is made to the opinion in that case for a statement of what we-consider to have been settled by the former decisions of this court, and by which some of the questions argued on this-appeal are also to be determined. It is sufficiently shown by the letters of administration on the estate of John and Mary Oulton, that they were dead in the year 1709. 1 Greenlf. on Ev., sec. 550. He devised "Bold Venture” to Mary Oulton in fee.

As evidence that this tract escheated after her death, the plaintiffs relied on the patent of “Rogers’ Inspection,” granted in 1759, which was also- in evidence in the case of Wilson vs. Inloes, 6 Gill, and on the first trial of Casey vs. Inloes, 1 Gill. The plaintiffs offered three prayers and the defendants offered three, identical with those presented in 6 Gill, and the. case of Hammond vs. Inloes, at this term. If the plaintiffs’ case has not been materially improved, the judgment of this court must be the same in both eases. ■ Objection has been made on the part of the appellees to the title of the plaintiffs, independently of any defence on their part founded upon the grant of “ Bold Venture.” They have also contended, that as the title of the plaintiffs' com ¹⁸⁷ menced in 1773 by the legislative grant of that year, (as now insisted by them,) no priority of franchise or right to improve could be claimed by one riparian owner over another, both being such at the passage of that act; and that as the addition to Baltimore town, then made, first included the water line of “Mountenay” and that of “FelPs Prospect” under which the defendants claim, both of which had been previously granted, the owners of these tracts must be considered as entitled, cotemporaneously, to the “immunities and privileges” conferred by that act; that is, the right to impw in the act of 1745: and that “Mountenay^ situation in that respect than “FelPs Prospk it unnecessary to express any opinion uj because we think that the interests of the pf the case should be disposed of by a decision* The first prayer of the plaintiffs was defect?! mitting to the jury to find, whether the addition to Baltimore was made as located on the plats. If the act of 1745, at the time of its passage, did not affect the property in controversy, because it had not then become a part of Baltimore, the act of 1773 conferred no privileges to the riparian owners, unless it appeared that the addition was made in pursuance of that act.

According to the prayer, the jury might have found for the