Papenfuse: Research Notes and Documents for Barron v Baltimore, 32 U. S. 243 barron-0080 Enlarge and print image (1M) << PREVIOUS NEXT >> |
Papenfuse: Research Notes and Documents for Barron v Baltimore, 32 U. S. 243 barron-0080 Enlarge and print image (1M) << PREVIOUS NEXT >> |
.'•-.V. 6 At which said fourth Monday in March, to wit, in the year of our Lord one thousand eight hundred and twenty-five, come again into the county court here as well the mayor and city council aforesaid, by their attorney aforesaid, as the said John Craig and John Barron, by Charles F. Mayer Peter H. Cruse, and David Hoffman, their attorneys; and the said John Craig and John Barron, by their said attorneys, declare against the mayor »nd city council aforesaid, in the plea aforesaid, as follows, to wit: Baltimore county, to wit: The mayor and city council of Baltimore were summoned to answer unto John Craig and John Barron, in a plea of trespass on the case, and so forth. And whereupon the said John Craig and John Barron, by David Hoffman, Peter H. Cruse, and Charles F. Mayer, their attorneys, complain, that, whereas the said John Craig and John Barron, before, and up to, and at the time of committing tne grievance hereinafter mentioned, to wit, on the first day of January, in the year eighteen hundred and fifteen, at the city of Bal- timore, at said county, were lawfully and peaceably seized in his demesne, as of fee, and yet are seized, and continually thenceforth were seized, as aforesaid, of and in all those three lots or parcels of ground situate in that part of the city of Baltimore called Fell's Point, and which are distinguished on a plat of the said point by the numbers 93, and 94, and 95, respectively, and together, contained within the bounds and metes, courses and distances following, that is to say: beginning for the same at the northeast corner or intersection of George and Wolfe streets, and runrling thence northerly, bounding on Wolfe street, two hundred feet, to Lancaster alley; thence easterly, bounding on said alley, to the water; then southerly with the water," two hundred feet, to George street; and thence westerly, bounding on George street, to the place of beginning; which said pieces or parcels of ground lie in one body as aforesaid, and are bounded by a certain navigable river called the Patapsco; which said navigable river, by the whole time aforesaid, used to flow and re-flow to and from said pieces or parcels of ground uninterrupt- edly: and the plaintiffs in fact say, that upon said pieces of ground, where the same nound on said river, there was, during the whole time aforesaid, a certain wharf, whereof, as aforesaid, the plaintiffs were, and yet are, as aforesaid, seized as aforesaid; by means of which said navigable river, and said ground, and said wharf, the said plaintiffs, during the whole time afore- said, had enjoyed the advantage of sailing, and permitting others, for valua- ble considerations, to sail to and from the said parcels of land and wharf, with all manner of vessels, and unloading, and permitting others, for valua- ble considerations, to unload, at said ground and said wharf, all manner of goods, wares, and merchandise, and by and on account of the wharfage of vessels, and of the use and employment of said wharf, and of said ground, and of the buildings and appurtenances thereon and thereto belonging, the said Barron and Craig became entitled to, and derived, and had, and enjoy- ed, large and valuable profits, rewards, issues, benefits, and advantages, during the whole time aforesaid, and at the time of committing the grievance hereinafter mentioned; which said profits, issues, benefits, and advantages, and rewards, during all the time aforesaid, the said plaintiffs ought to have had, and still ought to have. And whereas the said Craig and Barron, at the time of committing the grievance hereafter mentioned, to wit, on the first day of January, in the year eighteen hundred and fifteen, and before and up to that time, at the city of Baltimore, at the county aforesaid, were possessed of another piece of ground in the city of Baltimore aforesaid, be- ing composed of and containing three lots or pieces of ground, distinguished on a plat of Fell's Point, a part of said city of Baltimore, by the numbers 93, 94, and 95, respectively; beginning for said piece of ground at the north- east corner or intersection of George and Wolfe streets, and running thence northerly, Bounding on Wolfe street, two hundred feet, to Lancaster alley; thence easterly, bounding on said alley, to the water; then southerly with the water, two hundred feet to George street; and then westerly, bounding on George street, to the place of beginning-: and whereas the said plaintiffs continually thenceforth, and yet are possessed of said piece of ground, which said piece of ground the plaintiffs in fact say is bounded by and lies on a certain navigable river called the Patapsco; which said navigable river, by the whole time aforesaid, used to flow and re flow to and upon said piece of ground untinterruptedly: and the plaintiffs in fact say, that upon said piece of ground, where the same bounds and lies en said river, there was, during the whole time aforesaid, a certain wharf, whereof the plaintiffs are and were possessed as aforesaid; by means of which said navigable river and said piece of ground, and the buildings and appurtenances thereon, and of said wharf, the said plaintiffs, during the whole time aforesaid, had enjoyed the advan- tages of sailing to and from the s'aid piece of ground with all manner of ves- sels, and of unloading at -said ground and said wharf all manner of goods, wares, and merchandise, and by and on account of the wharfage of vessels, and of the use and employment of said ground, and the buildings and appur- tenances thereon as aforesaid, and of said wharf, the said Barron and Craig became entitled to, and derived, and had, and enjoyed, large and valuable profits, issues, benefits, advantages, and rewards, during the whole time- aforesaid, and at the time cf the committing the grievance hereinafter men- tioned; which said profits, issues, benefits, and advantages, and rewards, the said plaintiffs ought to have had, and still ought to have. And whereas the said plaintiffs, before, and up to, and at the time of the committing the griev- ance hereinafter mentioned, were, and thence hitherto have been, and still are, lawfully possessed of a certain wharf or quay at the city of Baltimore, at the county aforesaid, situate in that part of the city of Baltimore called Fell's Point, and bounding on the waters of the river Patapsco, and commonly called and known by the name of Craig and Barren's wharf, and the build- ings thereon, and their and its appurtenances; and by reason thereof, the said Craig and Barron became entitled to, and derived, and had, and enjoyed, from said wharf, by and on account of the wharfage of vessels, and of the use and employment of said wharf, and its buildings and appurtenances, as aforesaid, large and valuable profits, rewards, issues, benefits, and advantages, before, and up to. and at the time of committing the grievance hereinafter mentioned; which said profits, rewards, issues, benefits, and advantages, the said Craig and Barron, during all the time aforesaid, ought to have had, and still ought to have: yet the said mayor and city council of Baltimore, well knowing the premises, but wrongfully and unjustly contriving and intend- ing to injure the said Craig and Barron in that behalf, and to deprive them of the use, benefit, and full enjoyment and advantage of said pieces of ground, and of the sa.d wharves, their buildings and appurtenances,aforesaid, and whilst the said Craig and Barren were so seized and possessed respectively of the pieces of ground and the wharf and wharves severally and respective- ly mentioned and described in the preceding courts hereof, to wit, on the |