| Wagner v. Mayor and City Council of Baltimore, 210 Md.
615 (1956)
October Term 1955 No. 195
Appeal from Anne Arundel County Circuit Court
A patent for land described as an island in a river was issued to an owner. He and others, who claimed an equitable interest in the island, joined in a deed by which they conveyed the island to the holder.
The City brought a suit to have the patent issued to the owner and the deed to the holder set aside and declared null and void. The original bill of complaint was filed on March 28, 1916, but the case was
dormant until May 28, 1954. The case proceeded and resulted in a decree that set aside the patent and declared it null and void. The successors appealed from the decree. On appeal, the court affirmed the
decree and held that the testimony was ample to support the conclusion that the island was covered by navigable waters within the meaning of Md. Ann. Code art. 54, § 48 (1951) at the time the patent was
granted. The court ruled that § 48 stated that no patent issued would impair or affect the rights of riparian proprietors and that no patent would issue for land covered by navigable waters. The court held that
it made no difference in result whether the tidal or factual test of navigability was adopted.
Appellate court records -
COURT OF APPEALS (Records and Briefs) Wagner v. Mayor
and
City Council, 1955, October Term, case no. 195 [MSA S1733-1457, 1/27/4/62]
COURT OF APPEALS (Opinions) Wagner v. Mayor and City
Council, 1955, October Term, case no. 195 [MSA S393-287, 1/66/6/34]
Trial court records -
ANNE ARUNDEL COUNTY CIRCUIT COURT (Equity
Docket)
Mayor and City Council v. Bruns, et al., 1916, Liber GW 6, p. 66 [MSA T1162-7, OR/1/11/93]
ANNE ARUNDEL COUNTY CIRCUIT COURT (Equity Papers)
Mayor and City Council v. Bruns, et al., 1916, 1916, case no. 4071, box no. 68 [MSA T71-56, 0/28/3/32]
ANNE ARUNDEL COUNTY CIRCUIT COURT (Equity Papers,
Exhibits) Mayor and City Council v. Bruns, et al., 1916, case no. 4071, box no. 1 [MSA T1463-1, 0/30/14/27]
Land Office records -
LAND OFFICE (Certificates, Patented, AA) Reed Bird
Island, 1909, Certificate No. 1258A, MdHR 40,003-1258A [MSA S1189-17, 1/25/1/69]
LAND OFFICE (Patent Record) Reed Bird Island, 1909, Volume
EST 1 page 557, MdHR 17,511 [MSA S11-204, 1/23/5/24]
LAND OFFICE (Patent Record) Reed Bird Island, 1909, Volume
EST 1 page 217, MdHR 17,512 [MSA S11-205, 1/23/5/25]
LAND OFFICE (Warrents) Warrant to John Bruns, 1908, MdHR
50,720 [MSA S1285-10, 1/29/4/10]
LAND OFFICE (Certificates, Patented, AA) Reed Bird Island, 1909,
no. 1258A [MSA S1189-71, 1/25/1/69]
Baltimore City Archives:
Baltimore City Archives, Baltimore City Law Department case file no.
56470, RG 13.S2. H.M. Wagner Co. v. John Bohl.
Baltimore City Archives, Baltimore City Law Department case file no.
50619, RG 13.S2. In RE: Rentals of Mud Island Properties, Reed Bird Island, Sign Boards, etc. Hanover St. Harry M. Wagner.
Baltimore City Law Department, "Mud Island," property along
Hanover Street Bridge, Patapsco Flats, file no. 1125 [BRG13-2-36].
Baltimore City Law Department, Crisp & Cromwell, Back Title--Reed
Bird Island, file no. 1127 [BRG13-2-36]. Note: File contains plat labeled 50,619
Baltimore City Law Department, Patapsco Avenue, Condemnation and
opening of, from Hanover Street to Race Street, file no. 1184 [BRG13-2-36] .
Maps -
Reed
Bird Island in Google
Scanned as msaref 5458-51-4131
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