Tinges v. Mayor of Baltimore

Brent, J., delivered the opinion of the Court. The Mayor and City Council of Balimore passed an ordinance in May, 1877, to condemn and open St. Paul Street from John Street to North Avenue, as laid down on Poppleton’s Plat. The Commissioners for Opening Streets in the exercise of the duties required of them by this ordinance, having ascertained that the appellant was the owner of one-half of the bed of the proposed street, from Townsend Street North 182 feet to a twenty foot alley, condemned the same and allowed therefor only nominal damages. An appeal was taken to Baltimore City Court, where the judgment and action of the Commissioners were reviewed and affirmed.

Prom that Court the present appeal is taken, and involves the propriety of the action of the Court in granting the instruction to the jury asked for by the appellee, and in refusing the second instruction asked for by the appellant. The facts in the case, as they appear from the record, are but few and these are undisputed. Lot A, owned by the appellant, the twenty foot alley above referred to, and Lot B, owned by the Baltimore City Passenger Railway Company, as designated upon the plat filed in the case, and constituting about three-fourths of the square from Townsend Street to North Avenue, and from St. Paul Street to Calvert Street, were formerly owned by the Cookes. Their possessions also extended West of St. Paul Street, to what was' known as the Hanson Mill road, thereby making them the original owners of the bed of that street from Townsend to North Avenue.

In March, 1851, two of the Cookes, William P. and Warren E., being minors, Charles P. Mayer, was appointed a trustee by the decree of Baltimore County Court to lease this property. He accordingly effected a ⁶⁰⁸ lease for 99 years to Henry Mankin of several lots, and among them was the lot now- owned by the appellant. This lease was executed in September, 1854, and the lot in question is thus described: “ Beginning for the same at the North-East Corner of St. Paul Street and Townsend Street, and running thence -on St. Paul Street Northerly 113 feet to an alley 20 feet wide, to be laid out at the distance of 115 feet to the Northerly side of said alley from the South side of North Avenue as widened to 150 feet; thence Easterly on that alley and parallel to Townsend Street, (wherewith said alley is to be parallel) 122 feet to Hargrove Alley, then Southerly on Hargrove Alley 113 feet to Townsend Street, then Westerly on Townsend Street, 122 feet to the beginning.” Manlrin failing to pay the rents reserved by this lease, the trustee, Mayer, brought an action of ejectment against him, and on the 1th of July, 1851, recovered a judgment which was subsequently enforced by a writ of possession. After this lease and re-entry, and before any other disposition of the lot, now owned by Tinges, was made, the Cookes, all of whom had arrived at majority, executed a lease for 99 years to the Baltimore City Passenger Railway Company of Lot B, designated on the plat.

This lease was made on the llth of July, 1861, and the lot is described as follows: “Beginning for'the same at the corner formed by the intersection of the South side of North Avenue and the West side of Culvert Street, and running thence Westwardly bounding on the South side of North Avenue 264 feet to St. Paul Street, thence Southwardly bounding on the East side of St. Paul Street 115 feet to a 20 foot alley; thence Eastwardly bounding on the North side of said alley, with the right, use and privilege thereof, and parallel with North Avenue 264 feet to Calvert Street, and thence Northwardly bounding on the West side of Calvert Street 115 feet to the beginning.” ⁶⁰⁹ In