Potomac Steamboat Co. v. Upper Potomac Steamboat Co.

Citations

• 109 U.S. 672
• 3 S. Ct. 445
• 27 L. Ed. 1070
• 1884 U.S. LEXIS 1746

Syllabus

<p>Deed — District of Columbia — Maryland—Riparian Rights — Statutes— Virginia — Washington, City of.</p> <p>1. In .1791, one Young, then owning a tract óf land containing about 400 acres on the Potomac, conveyed the same in fee simple with all its appurtenances to two trustees (who were also trustees with similar trusts, for other owners of land), as a site for the City of Washington. The trust provided that the lands laid out in streets, squares, etc., should be for the use of the United States forever, and that a fair and equal ’ division of the remainder should be made. In 1794 the plan of the city was adopted and promulgated. On this plan a public street called Water street was represented as laid out on the margin of the river over the tract so .conveyed by Young; but this street was not in fact constructed until after the close of the late civil war. ■' In 1796 the trustees conveyed the tract so deedéd to them (including Young’s), “in fee simple subject to trusts- yet remaining,” to commissioners appointed to receive title, under the act of July 16th, 1790, entitled, “ An Act for establishing the temporary and permanent seat of the government of the United States.” 1 Stat. 180. In 1797 the commissioners, in execution of the trust; and in pursuance of a statute of the State of Maryland, recorded certificates in their record book; which stated that one. tract, defined by metes and. bounds, had been allotted to Young, and that another tract, in like manner defined, had been allotted to the United States. liach of these tracts ' was on the northerly side of Water street, and was described as bounded on that street. The title to fijoth became subsequently vested in the plaintiffs : Meld, That these transactions were equivalent to a conveyance by Young to the United States in fee simple of all his lands; and of a conveyance back by the United States, of the first tract described by metes and bounds, leaving in the United States the title in fee simple to the other