State of Maryland v. State of West Virginia

• Decision Date: 27 May 1912
• Docket Number: O,No. 1,1
• Citation: 225 U.S. 1,56 L.Ed. 955,32 S.Ct. 672
• Parties: STATE OF MARYLAND, Complainant, v. STATE OF WEST VIRGINIA. riginal. Decree entered
• Court: U.S. Supreme Court

225 U.S. 1

32 S.Ct. 672

56 L.Ed. 955

STATE OF MARYLAND, Complainant,

v STATE OF WEST VIRGINIA.

No. 1, Original.

Decree entered May 27, 1912.

The state of West Virginia having moved the court to take up for consideration the exceptions heretofore filed in this cause by the state of Maryland to the report of Commissioners Julius K. Monroe and Samuel S. Gannett, two of the commissioners who were appointed by the decree entered in this cause on the 31st day of May, 1910, to run, locate, and permanently mark, with suitable monuments, the Deakins or old state line, as the boundary line between the states of Maryland and West Virginia, from low-water mark on

the southern bank of the North Branch of the Potomac river to the Pennsylvania line, and to overrule said exceptions and confirm said report, which report is in the words and figures following, to wit:

To the Honorable Chief Justice and the Associate Justices of the Supreme Court of the United States:

We, Julius K. Monroe and Samuel S. Gannett, two of the commissioners appointed under the decree of the court rendered May 31, 1910, 'to run, locate, and establish and permanently mark with suitable monuments the said Deakins or 'old state line' as the boundary line between the states of Maryland and West Virginia from said point (low-water mark) on the southern bank of the North Branch of the Potomac river to the said Pennsylvania line, etc.,' have the honor to submit the following report and map entitled, 'Map Showing The Boundary Line Between Maryland and West Virginia, from the Potomac River to the Pennsylvania State Line, as Surveyed and Marked under the Decree of the Supreme Court of the United States, Rendered May 31, 1910,' etc.:

The party was organized and went into camp on July 12, 1910, on Arnold's ridge, about 1 mile north of the North Branch of the Potomac river, and immediately began the survey of the line.

Beginning at the Fairfax stone, a line was first run north 0x56' E. along a well-marked line to a planted stone marked B/'1101', at the southwest corner of military lot No. 1101, originally a 'bounded maple standing 1 mile north from a stone fixed by Lord Fairfax for the head of the North Branch of the Potowmack river.' The intersection of this line with the south bank of the North Branch of the Potomac (at lowwater mark) was, under the decree of the court, fixed as the corner of Maryland and West Virginia, and monument No. 1 was therefore erected at this place and became the initial point of the boundary line run in 1910 and 1911.

From the corner of lot 1101 B, where monument No. 2 was erected, the line deflects slightly to the west and follows the old marked line on the course N. 0x47'53"E. as

identified by the surveyors in the case in 1897 and shown on the maps filed by the defendants. This line crosses Arnold's ridge, Laurel run, Backbone mountain, Youghiogheny river, and where it intersects the 3d line of a Maryland tract called 'Covent Garden' monument No. 4 was erected and an offset was made to the west. The 3d line of Covent Garden was followed for a distance of 402.15 feet on the course N. 71x48' W. (true) to a planted stone, acknowledged by residents and owners of adjoining property and pointed out by them as being the limit of their respective claims, at this point. Monument No. 5 was built over this stone and the line was run N. 0x27'04" E. in a manner to follow the property lines, as acknowledged by the citizens of the two states; passing over the center of a planted stone property corner, which marked the beginning of the Maryland tract called Mount Pleasant, surveyed in 1774. Monument No. 6 was built over and around this stone, which was pointed out by witnesses as marking the place of the original corner, a white oak tree. Continuing on the same course, a large anciently marked white oak tree was reached and identified as the beginning of a Virginia tract of land surveyed for John Pettyjohn in 1781, and also a corner of John T. Goff 1,000 acres, survey made in 1782, both of which call for the boundary line. This tree was cut and blocks taken out by your commissioners which showed surveyors' ax marks in the wood; one one hundred and thirty years old, and one one hundred and seventeen years, and the last seventy-eight years, thus indisputably establishing this course as following the oldest marked line extant. The stump of this tree was removed and monument No. 8 was built in the exact spot occupied by it. Upon trial it was found that from this white oak, northward, the line between property holdings of citizens in the two states verged to the eastward, and a slight angle was therefore made to the east and the boundary line run N. 0x42'57" E. to the stump of a bounded sugar tree, the northwest corner of a maryland tract called Elshine; this tree, while standing, was identified by the surveyors in this case in 1897, and also by of a Maryland tract called Eelshine; this that time, has been cleared, and the timber destroyed by fire. The stump of this sugar tree was again pointed out to the commissioners, in 1910, by Peter F. Nine, the present owner of the tract Eelshine. This stump was removed and monument No. 10 erected exactly where it stood.

From this point the boundary line runs S. 89x 17' 03" E. 482.3 feet along the line common to the tract Eelshine and the Virginia grant to Wm. Ashby for 50 acres, to the southwest corner of the Maryland tract called Buckdale. As the southwest corner of Buckdale and the southeast corner of the Ashby 50-acre tract, which are common, could not be definitely located upon the ground, as all original objects marking them have been destroyed, this point was determined by the intersection of a line produced southward passing through known and accepted points in the 'old line,' namely, 'the stake and stone pile,' on Lauer Hill, which is the common corner of the Maryland tract called 'Maryland,' and the Virginia grant to John Hoye for 500 acres, and which was identified and located by the surveyors in this case in 1897, and shown at Red 'C-6' upon Map No. 1, filed by defendants, and again identified by your commissioners in 1910; and a point north of the B. & O. Railroad near Hutton, Maryland, in the property line between lands of the Connell heirs and George Morris. Monument No. 11 was placed at the intersection of the line above described with the line eastward from monument No. 10. The course of the boundary from monument No. 11, as above determined, is N. 0x41'02" E., following closely the lines of the original Virginia grants, and passing through, or very near, the several points indicated upon map No. 1 filed in this case by defendants, and testified state line,' to a point on Glover's hill, 1 1/2 state line,' to a point on .glover's hill, 1 1/2 miles north of the Baltimore & Ohio Railroad, where monument No. 15 was erected. From this point northward it was found that the general course of the property lines verged slightly to the west, and the course of the boundary was here changed to N. 0x22'27" E. to conform thereto, following the well-marked divisional lines between the F. & W. Deakins 6,000-acre Virginia grant, and the Maryland military lots (Nos. 1237 to 1245) and the eastern line of the Hoye and Martin 3,600-acre Virginia grant, passing over the summits of Snaggy mountain and through the southern end of the Pine swamp to a point where this line intersects the southern line of the John Crane 776-acre Virginia grant, a short distance north of the Cranesville and Oakland road, as indicated upon the maps filed by the defendant in this case. This point was determined by reproducing upon the ground the southern line of said 776-acre Crane survey. Monument No. 19 was erected at this point.

From monument No. 19 an offset of 971.09 feet was made along the south line of the John Crane 776-acre tract N. 89x 27' 27" E. to its intersection with the west boundary of Maryland military lot No. 1292, where here turns northward, following the west here turns notthward, following the west limit of military lots 1292, 1294, 1296, 1298, 1400, and 1402 as laid out by Francis Deakins, on a true course of N. 0x17'00" E. to the northwest corner of military lot 1402. Monument No. 21 was placed at this point and an offset made 53.69 feet S. 89x43'00" E. along the north side of lot 1402 (which is also the division line between lands of E. F. Jenkins and M. H. Frankhouser), where monument No. 22 was erected.

From monument No. 22 the course of the boundary is N. 0x24'42" E., passing through, or near the point where a large marked red oak formerly stood, testified to in this case by Ethbell Falkenstine, as standing in the Deakins or old state line, and shown at the letters 'W-K' upon the maps heretofore filed; a planted stone, a short distance north of the red oak in the east line of the Henry Banks survey of 8,000 acres, and following a well-marked line along and with the eastern boundary of the Banks survey and the western boundary of the Maryland tract called 'Canrobert' to a point where it intersects the south line of the 328-acre tract granted by Virginia to Henry Deal, and passing through the same, to a point where the east line of the Banks survey intersects the south line of a tract of 367 acres granted by Virginia to Henry Deal, where monument No. 27 was erected.

From monument No. 27 an offset was made 347.3 feet N. 89x 25' 12" E. along the made 347.3 feet N. 89x25'12" E. along the above mentioned, where monument No. 28 was placed.

From monument No. 28 to monument No. 32 the course of the boundary is N. 0x 20' 32" the course of the boundary is N. 0x20'07" W. and closely follows the mutually accepted states; corners, trees, and fences having been pointed out by various landowners on both sides of the 'old line.' Monument No. 32 replaces a large marked Spanish oak, which was a common corner of lands owned by John and George W. Vansickle, in West Virginia, and in the west line of land owned by...