Samuel Harris and Others v. Jesse Elliott

• Decision Date: 01 January 1836
• Parties: SAMUEL D. HARRIS AND OTHERS v. JESSE D. ELLIOTT
• Court: U.S. Supreme Court

35 U.S. 25

10 Pet. 25

9 L.Ed. 333

SAMUEL D. HARRIS AND OTHERS v. JESSE D. ELLIOTT.

January Term, 1836

ON a certificate of division between the judges of the circuit court of the United States for the district of Massachusetts.

This was an action of trespass quare clausum fregit, instituted in the circuit court of the United States at October term 1833, against the defendant, Jesse D Elliott, the commandant of the United States navy yard at Charlestown, Massachusetts; in order to determine the title claimed by the plaintiffs as heirs of John Harris, formerly of Charlestown, Massachusetts. The United States, the real possessors, and asserting an ownership of the property, took defence in the suit; being desirous of having the rights asserted by the plaintiffs ascertained and determined.

The cause was submitted to the court on a statement of facts agreed upon by the counsel for the plaintiffs, and the district attorney of the United States. They were as follow:

'In the year 1780, a committee appointed by the town of Charlestown, in the county of Middlesex, in the state of Massachusetts, projected certain streets in said town, and laid them down on a map or plan, which was deposited and now remains in the office of the secretary of state of the commonwealth of Massachusetts; and on the thirtieth day of October, 1781, the legislature of said commonwealth passed an act confirming the doings of said committee, and barring actions in certain cases therein specified. The street now called Water street (being the most southerly street on said plan) was not in fact entirely laid out by said town until the year 1795 or 1796, (a street commonly called Battery street, which ran in the same direction, being used as a highway until that time,) and that the most northerly street on said plan, called Henley or Meeting-house street, was not in fact laid out by said town until the year 1798 or 1799.

'That John Harris, late of said Charlestown, merchant, deceased, purchased several parcels of land in said Charlestown, viz. one parcel of Andrew Newell, by deed duly executed on the 11th day of January, 1791, described as follows: a tract of land containing five acres more or less, bounded southwesterly on land of Joseph Barrell; northwesterly on a road leading to the brick-kilns; northeasterly on a highway leading from the Battery to Moulton's Point; southeasterly on Charles river down to low water mark; saving and reserving a highway through the same from the Battery to Moulton's Point. Another parcel of land of Joseph Barrell, by deed duly executed on the 16th of June, 1792, viz. a certain piece of land, bounded and measuring as follows, viz. front on Battery street, S. S. E there measuring one hundred and seventy-seven feet; upon land of Andrew Newell, E. N. E. four hundred and fifty-eight feet; upon Back lane, N. N. W. one hundred and eighty-four feet; upon land of the heirs of Joseph Leman, Esq. W. S. W. four hundred and fifty feet; then turning upon said Leman's land, W. S. W. fifty-seven feet, till you come into Battery street. Also, a part of a wharf and land upon Battery street, opposite to where the cellar stands, on said lane, measuring upon Battery street, N. N. W. one hundred and fourteen feet; on Charles river, S. S. E. and continues the same breadth to low-water mark, or however otherwise bounded, or be the same measure more or less, together with all the rights, privileges, and appurtenances to said granted land and premises. Another parcel of land of John Larkin, by deed duly executed 6th July, 1793, viz. a certain parcel of land containing about one acre and one half, bounded on land of John Harris, W. S. W. on said Harris, southerly, on land of Captain Thomas Edes; sougherly, on land of Captain Thomas Harris and Amos Sampson, W. S. W. on Back lane, N. N. W. on John Harris, formerly Joseph Barrell, Esq. E. N. E. to Battery street. Another parcel of land of David Munroe, by deed duly executed on the third day of April, 1793, viz. a piece of land containing by estimation about one-eighth of an acre, butted and bounded as follows, viz. easterly and northerly by land formerly of Edward Wilson, but lately _____ Lemmon; westerly by land formerly of Colonel John Phillips and lately owned by Benjamin Wheeler, deceased, and southerly by the street or highway called Wapping street, or however otherwise bounded or reputed to be bounded. The above described parcels of land comprise the two parcels of land described in the writ and are parts of the land covered by said streets as laid down on said plan and afterwards laid out.

'The said town of Charlestown, in the year 1795 and 1796, laid out the easterly part of the southerly highway on said plan (now called Water street) over a part of the former Battery street, and a part of the land of said John Harris, conveyed to him as above described, and the said John Harris, by the award of referees, dated July 25, 1796, received from said town a part of the land forming the old (Battery) street and the sum of four hundred and fifty dollars in damages for taking his land over which said highway passed. The following is a copy of said award:

'The subscribers, referees chosen to determine a difference between the town of Charlestown on one part, and John Harris, of said Charlestown, merchant, on the other part, pursuant to a law for amending the streets of said town, laid waste by fire by the British troops, have met and fully heard the parties, and viewed the premises, and considered the disadvantage to the said John Harris's lots on the street leading from the swing bridge to the place of the old battery, in said Charlestown, (so far as the same has not been heretofore settled,) by taking a part of said lots into the street, and also the advantage derived to said lots by discontinuing the old street, where it does not make a part of the present street, and also the advantage of the new street being more wide, commodious, and direct, than the old street was—do award that the said town of Charlestown do pay to the said John Harris the sum of four hundred and fifty dollars, and relinquish all claims to that part of the old street which comes within said lots, as they are left by the said new street. The lots considered extend on the northwest side of the street, from the northeast corner of Thomas Edmands, formerly Henley's, to a place marked on the plan by the word 'stump,' being on the plan a corner of a street proposed to lead to the meeting house, but not yet opened. The town of Charlestown are to pay the cost of the referees, and the tavern bill of the house where they set.

'Done at Charlestown, the 25th day of July, A. D. 1796.

'JAMES WINTHROP,

'MATTHEW CLARK,

'AMOS BOND, Referees.

Referees.

'That in the year 1798 or 1799, the said town of Charlestown laid out the most northerly street or highway, marked on said plan, called Meeting-house or Henley street, through and over the land of said John Harris, conveyed to him as above recited, and on the _____ said John Harris received from the said town of Charlestown the sum of _____ in damages for taking the land belonging to him, over which said street last mentioned passed.

'That in the year 1800, the government of the United States, under the authority of the statute of Massachusetts passed June 17, 1800, purchased of said John Harris several parcels of land in said town of Charlestown, which are now included within the limits of the navy yard in said town. The value of the land so taken was ascertained by the verdict of a jury (agreeably to the provisions of said statute.) And on the 29th November, 1800, and 6th February, 1801, said Harris received from the United States the sums so ascertained, as the value of said lands.

'The proceedings in ascertaining the value of said lands were as follows:

'Commonwealth of Massachusetts. To the honorable the justices of the court of general sessions of the peace, begun and held at Concord, in and for the county of Middlesex, on Monday next preceding the second Tuesday of September, A. D. 1800.

'The petition of Aaron Putnam, agent of the United States of America, respectfully sheweth, that your petitioner having been directed by the Government of the United States to purchase a certain tract of land in Charlestown, for a navy and dock yard for the United States, and not being able to agree with Mr. John Harris, of said Charlestown, for sundry lots of land belonging to him, which lots are within the limits pointed out by the Government, your petitioner, therefore, prays that the honorable court would order the sheriff of said county to summon a jury to appraise and value said lots or tracts of land, that the United States may possess the same at a fair and equitable value, agreeably to a law of the said commonwealth in that case made and provided.

'September 11, 1800.

'AARON PUTNAM,

'Agent for the United States.

'October 22, 1830. A copy.

'Attest, A. BIGELOW, Clerk.

'Middlesex, ss. 4th October, 1800.

'We, the jury, empannelled and sworn, as before certified, having been shown several lots of land, which belong to John Harris, of Charlestown, in the county of Middlesex, merchant lying within the limits mentioned in the act in this case made and provided, and fully heard the said Harris; as well as Aaron Putnam, Esquire, agent for the United States, together with the testimony by them respectively produced touching the value of the said lots, we have set out the said lots by metes and bounds, and do appraise and value the same as follows, viz. one lot containing five acres, two quarters and thirty-five rods, bounded as follows: beginning at the northerly corner of Amos Samson's land, by the lane which leads to the brick yards, thence running southerly, as the fence now stands, partly by land of the said Samson, and partly by land of Thomas Harris, to the street lately laid out from the meeting-house to Charles river, thence running easterly on the same street...