Kane v. Mayor & City Council of Baltimore, 15 Md. 240 (1860)
Shepard's results Appeal from Baltimore City Superior Court OVERVIEW: Pursuant to 1853 Md. Laws 376, the Mayor and the City Council were authorized to contract with property owners to hold any land that they deemed necessary for the purpose of conveying water into the city. The original landowner was given damages as a result of the taking and use of his property. After the original landowner became insolvent, the buyer purchased the property at a public auction, subject to the right of the Mayor and the City Council to their use of the pure water. He then filed the motion seeking to enjoin the Mayor and the City Council from interfering with the use of his mill, which had not interfered with the use by the Mayor and the City Council of the pure water. Pursuant to Md. Const. art. III, § 46, the city was not permitted to take any property except for a public use. The court held that because the buyer's use of the mill water had not interfered with the use of the pure water as acquired by the Mayor and the City Council, they were not permitted to interfere with the buyer's use. The court reversed the order of the superior court and continued the injunction issued against the Mayor and the City Council. Note that case is discussed in Shreve v. Baltimore, 243 Md. 613 (1966) Appellate Court Records: COURT OF APPEALS (Docket) Kane v. Mayor and City Council of Baltimore, 1859, December Term, case no. 186, p. 166, MdHR 633 [MSA S412-7, 1/66/14/38] COURT OF APPEALS (Briefs) Kane v. Mayor and City Council of Baltimore, 1859, December Term, case no. 186, MdHR 723-41 [MSA S375-26, 1/64/11/42] COURT OF APPEALS (Opinions) Kane v. Mayor and City Council of Baltimore, 1859, December Term, case no. 186, MdHR 707-29 [MNSA S393-15, 1/65/12/57] COURT OF APPEALS (Judgment Record) Kane v. Mayor and City Council of Baltimore, 1859, December Term, case no. 186, Liber WAS 3, p. 443, MdHR 362 [MSA S422-24, 1/66/11/44]
Note: pages 441-444 are missing from volume Trial Court Records: BALTIMORE CITY SUPERIOR COURT (Chancery Docket) Kane v. Mayor & City Council of Baltimore, 1858, p. 164, MdHR 19,973-11 [MSA C166-3, 2/15/9/10] BALTIMORE CITY SUPERIOR COURT (Chancery Papers) Kane v. Mayor & City Council of Baltimore, 1858, C533, MdHR 40,200-5557-1/5 [MSA C168-1170, 2/16/6/46]
Folder One Folder Two Folder Three Folder Four Folder Five Location of case, as shown on google maps:
http://maps.google.com/maps?hl=en&ie=UTF8&ll=39.318429,-76.629274&spn=0.011255,0.024719&z=16 Land at issue in case located on Jones Falls and Falls Road Turnpike, close to the Rockdale Flour Mill. Mill location shown on MSA SC5339-7-30 The land was purchased by George P. Kane in 1858 at a public auction, held to liquidate the property of Samuel D. Tonge, who was an insolvent debtor (see insolvency proceedings below). Kane paid $8500 for the tract. Tonge had purchased the land in 1851 in a sale that seems to have arisen out of a Baltimore County Court equity case, Daniel Warfield v. Hugh Birkhead and Charles R. Pearce; Tonge bought the land at auction. Warfield held the ground rent on the land. Notes on Kane's land holdings in Baltimore County. BALTIMORE COUNTY CIRCUIT COURT (Land Records) Thomas M. Lanahan, trustee for Samuel D. Tonge to George P. Kane, 1858, Liber GHC 24, pp. 49-52 [MSA CE62-24]. BALTIMORE COUNTY COURT (Land Records) Samuel H. Tagart, trustee to Samuel D. Tonge, 1851, LIber AWB 465, pp. 241-244 [MSA CE66-515]. BALTIMORE COUNTY CIRCUIT COURT (Insolvency Docket) Insolvent estate of Samuel D. Tonge, 1858, case no. 59, pp. 15, 18, 19, 23, 30, 32 [MSA T1240-1, 0/12/1/10]
Unable to locate any papers--there don't seem to be any insolvency papers at MSA. There was one appeal that arose from the case, which was dismissed because it was filed too late. No Court of Appeals records for the case, probably because the court never heard it. Thomas Sparks' Appeal in the Insolvent Estate of Tonge, 18 Md. 417 (1862) Other cases: BALTIMORE COUNTY COURT (Chancery Papers) Hugh Birckhead and Charles R. Pearce vs. Daniel Warfield, White Hall Co., William Kennedy, William McKim, and William Mason. Insolvent estate of Mason, 1849, C200, MdHR 40,200-3937-1/3 [MSA C295-3978, 2/15/14/26] BALTIMORE COUNTY COURT (Chancery Papers) Daniel Warfield vs. Robert Wylie, Robert Y. Wilson, John Wells, William Miller, Hugh Birckhead, Charles R. Pearce, William Mason, White Hall Co., William McKim, William Kennedy, Ellis B. Long, William W. Byrn, Robert Poole, William Ferguson, et al., 1850, C175, MdHR 40,200-4109-1/3 [MSA C295-4152, 2/15/14/36] |
