86 Md. 80 | Md. | 1897
delivered the opinion of the Court.
The appeal in this case is from a pro forma decree of the Circuit Court of Baltimore City requiring the appellant to pay the purchase money for some property now in the city, but formerly in Baltimore County, bought by him of the appellee, which is bounded on the north by Clifton Park, on the south by North avenue, on the east by a line drawn through the centre of Patterson Park avenue extended, and on the west by Choptank street (now called Collington avenue). The contract of sale is admitted but the appellant objects to the title because he is advised that a portion of the land sold to him has been dedicated to the public use,
George Rost thus became the owner of all the property involved in this case, he having become possessed of a part of it east of Madeira street through other sources. Several instruments were executed by him in which the forty-foot street was referred to. He having died, a proceeding for the sale of the property was instituted in the Circuit Court of Baltimore City which resulted in a decree on July 28, 1880, appointing John T. Morris, trustee, to sell the property. A plat was filed in that case upon which were shown the forty-foot street, Madeira street and the twenty-foot street, being practically the same as Exhibit Plat No. 1, Mr. Morris, as trustee, sold the five lots described in the
Although there have been numerous decisions in this Court on the subject of dedication which have settled certain general principles, the contention of the appellee presents a very important question, and one that in the opinion of the learned solicitor for the appellant has not been decided by this Court. No dedication exists unless the intent of the owner to dedicate his land to the particular use claimed is clearly proven by the facts and circumstances. When those facts and circumstances warrant it, the intent to dedicate is presumed. One of the most common modes by which dedication is evidencfed is that which was presented in the early case of White v. Flannigan, 1 Md. 525, where it was held that if a party sells property lying within the limits of a city and in a conveyance bounds such property
But Hall's case, 56 Md. 187, would seem to be conclusive of this. Edward Hinkley was appointed trustee to sell the “ Greenwood ” estate and had the property laid off into lots, streets and alleys and a plat made for the purpose of the sale of the lots. The lots were offered at public auction, but withdrawn for want of sufficient bids. He afterwards sold at private sale twelve lots, and then sold to one VanCamp a considerable body of the land, including the title to the bed of Wolfe street, which was being condemned in Hall's case. On the 30th day of March, 1848, VanCamp conveyed to one -Leach three parcels of land, one of which extended to and bounded on the west side of Wolfe street, and
The principle involved in that and this case is the same. It matters not that in the Hall case only about seventeen months elapsed before the title became vested in one person, whilst in this case over forty years had elapsed as to one street, and about fifteen years as to the others. The theory of the appellant is that the dedication commenced at once, and that it was “ perfect and complete without either acceptance or user by the public,” as was said in Frick’s case. That is undoubtedly true, and as long as the implied covenant between the grantor and grantee exists, the city can accept, unless there has been an abandonment or an estoppel of some kind, but as “ the dedication to the public springs from, and is supported by the title conveyed to the grantee,” and must depend upon the existence of that covenant, it must cease with it, if there has been no acceptance during the time it was in the power of the city to accept.
There is nothing in Frick’s case or Flersheim’s case, decided at the last term of this Court, that conflicts with this
Equity and justice certainly require that under such conditions as exist in this case, the owner of the property should not be compelled to wait indefinitely the pleasure of the public authorities and thus have his property burdened by what may be useless to the city, and yet be difficult, if not impossible; to satisfactorily remove without great expense or delay. We find nothing in the decisions of this Court to require us to adopt such an inequitable rule.
The Act of 1890, chapter 628, in reference to streets, avenues and alleys in the portion of Baltimore County annexed to Baltimore City has no application, as the proposed streets and alleys had not “ prior to such annexation become streets, avenues or alleys,” in the county, and it is therefore unnecessary to discuss it. The pro forma decree must be affirmed.
Decree affirmed with costs.