62 Md. 362 | Md. | 1884
delivered the opinion of the Court.
In proceedings for the condemnation of land belonging to the appellees, for the road bed of Edmondson avenue, which was to be opened under ordinance of the Mayor and City Council, the “ Commissioners for Opening
In the description of the parcels conveyed by each to the other in this deed, which expressly states that it is a deed of partition, “Payson” street and “Thompson” street are mentioned, and the property conveyed is described with reference to its location as to these streets. These streets, however, had not then, and have not now actual existence as streets opened and used as such. They only had, and have, nominal existence upon what is known as Poppleton’s Plat, which exhibits the limits and streets of the city, in its anticipated growth and expansion. The covenant, from which dedication is claimed reads thus: “And the said Miles White and John H. Barnes, for themselves, and all others claiming under them, covenant with each other, that they, and all others claiming under them, shall have free ingress and egress through any and all of the streets and alleys laid down on Poppleton’s Plat of Baltimore, which run through the land hereby conveyed.” This is clearly a personal covenant, which was to run with the land respectively conveyed by each to the other, and was designed to benefit on the one side and hind on the other, all persons who subsequently held the land or any p,art of it by any title tracing to them. It
A few days after the partition between White and Barnes, the former conveyed to Charles Shipley a part of the ground which he obtained by the deed of partition with Barnes. That deed is dated the fourth day of February, eighteen hundred and fifty-seven, and describes the property as part of that which was conveyed by Nathaniel Williams, trustee, to White and Barnes. In its description it calls for “Payson street,” “ Thompson street,”
The evidence shows that the enclosure and use of this property for more than twenty years past, has been inconsistent with the appellants’ theory that there was a dedication of the streets to the public; but how far the character of the user and enclosure by the appellees, and the failure to do anything on the part of the city as indicating an in
Ruling affirmed, and cause remanded.