| Mayor & City Council of Baltimore v. Day, 89 Md. 551, 43 A. 798 (1899)
Appeal from Baltimore County Circuit Court
OVERVIEW: The condemnors acquired by condemnation and purchase the right to use, as part of its water supply, the water of a river. The riparian proprietor was an owner on the river. The riparian proprietor filed a bill against the condemnors alleging that the condemnors acquired from a large number of riparian owners the right to use so much of the water of a stream as would flow through a conduit of the capacity of flow of a certain number of gallons per day, and that the condemnors failed to acquire by contract or condemnation any rights whatever in the stream of water belonging to the riparian proprietor until a certain date, when a deed was executed. The riparian proprietor also alleged that the condemnation constituted a blot on his title, and he sought the removal thereof. The condemnors' demurrer was overruled. The condemnors appealed. On review, the court reversed because the sale of water by the condemnors to the inhabitants of a county was not illegal. In addition, the court reasoned that the words in the deed could not be construed as a condition subsequent or as a limitation upon the right of the city to use the water in any way it may be authorized by statute to use.
Appellate Court Records:
COURT OF APPEALS (Docket) Mayor & City Council of Baltimore v. Day, 1899, April Term, case no. 42, p. 102, MdHR 640 [MSA S412-14, 1/66/14/45]
COURT OF APPEALS(Opinions) Mayor & City Council of Baltimore v. Day, 1899, April Term, case no. 42, MdHR 707-134 [MSA S393-120, 1/65/13/66]
COURT OF APPEALS(Records and Briefs) Mayor & City Council of Baltimore v. Day, 1899, April Term, case no. 37—-Not at MSA
Trial Court Records:
BALTIMORE COUNTY CIRCUIT COURT (Equity Docket) Day v. Mayor and City Council of Baltimore, Volume 14 page 249, Case no. 3266, MdHR 20,227-14 [MSA C326-14, 2/49/8/13]
BALTIMORE COUNTY CIRCUIT COURT (Equity Papers) Day v. Mayor and City Council of Baltimore, Box 717 Case no. 3266 [MSA T696-45, 0/35/5/33]
See also: BALTIMORE COUNTY CIRCUIT COURT (Civil Docket) Day v. Mayor and City Council of Baltimore, Volume 19 page 350, case no. 2571 and page 209, case no. 2025 [MSA C358-18, 2/48/14/18]
Baltimore City Archives:
Baltimore City Solicitor case file no. 48
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