| Browne v. Kennedy, 5 H & J 195 (1821)
Appeal from Baltimore County Court
See also MSA SC 5339-41-18
It is stated as part of the case, that the stream of Jones's Falls was diverted by cutting a channel with the consent of the owners of the land on Jones's Falls, in the year 1786, through which canal the
waters have since flowed. It is also stated, that until the year 1786 the common tides flowed up Jones's Falls to C D, marked on the plot, and that until 1786 boats frequently and regularly ascended Jones's
Falls to C D, but never went up higher. It is also stated, that after the making of said canal the old bed of the stream, between the points where it was intersected by the canal, was gradually filled up by the
washing of the adjacent lands, by the persons under whom the defendant claims, and by the improvements made in the neighborhood, and that the bed of the river hath wholly disappeared. The question is
now to be considered--Whether the lessors of the plaintiff, claiming under Alexander Lawson, are entitled to the land to the middle bed of Jones's Falls, from the lines of the land conveyed to Alexander
Lawson binding on the Falls, or what part thereof?
Appellate court materials -
COURT OF APPEALS (Docket, Western Shore) Browne v. Kennedy, 1821, June Term, case no. 4, MdHR 604 [MSA S414-7, 1/66/14/25]
COURT OF APPEALS (Judgments, Western Shore) Browne v. Kennedy, 1821, June Term, case no. 4, MdHR 683-28 [MSA S382-13, 1/62/6/28]
COURT OF APPEALS (Judgment Record, Western Shore) Browne v. Kennedy, 1821, June Term, case no. 4, Liber TH 19, p. 340, MdHR 345 [MSA S420-16, 1/66/11/27]
Trial Court Records:
Unable to locate; probably in BA County Court, County Civil Docket, 1817, Sept. Term. Use Judgments instead.
Searched for lower court materials in CE19; no records found
Property at issue in suit located along Jones Falls near where the Bascilia is now:
MSA SC5339-7-29. Note area along Jones Falls where no streats are layed out.
http://maps.google.com/?ie=UTF8&ll=39.292677,-76.613524&spn=0.010827,0.024719&z=16
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