MORRIS v. UNITED STATES

No. 49.

174 U.S. 196 (1899)

MORRIS v. UNITED STATES.

Supreme Court of United States.

Decided May 1, 1899.


Attorney(s) appearing for the Case

Mr. A. Leo Knott for the heirs of James Markham Marshall.

Mr. John Howard for the heirs of John Marshall. Mr. James V. Brooke was on his brief.

Mr. George E. Hamilton and Mr. Nathaniel Wilson for claimants under the Kidwell patent.

Mr. Hugh L. Bond, Jr., and Mr. John K. Cowen for the Chesapeake & Ohio Canal Company, and for Joseph Bryan, John K. Cowen and Hugh L. Bond, Jr., Trustees. Mr. Charles F.T. Beale was on their brief.

Mr. Henry Randall Webb for the Trustees of the estate of William Easby. Mr. John Sidney Webb was on his brief.

Mr. J. Holdsworth Gordon for William F. Dunlap and the heirs of George Peter. Mr. Enoch Totten and Mr. Arthur Peter were on his brief.

Mr. John Selden for the Washington Steamboat Company and the heirs of Moncure Robinson.

Mr. William G. Johnson, Mr. Tallmadge A. Lambert and Mr. Calderon Carlisle for Johnson, assignee of the American Ice Company and others claiming under Notley Young.

Mr. Holmes Conrad and Mr. Hugh T. Taggart for the United States.

Mr. Enoch Totten and Mr. Edward A. Newman filed a brief for W.W. Rapley.

Mr. J.M. Wilson filed a brief for Richard J. Beall.

Mr. William F. Mattingly filed a brief for Daniel S. Evans.

Mr. T.A. Lambert filed a brief for W.M. Easby-Smith.


MR. JUSTICE SHIRAS delivered the opinion of the court.

1. The first question for our determination arises out of the claims of the heirs of James M. Marshall and the heirs of John Marshall to the ownership of the entire bed of the Potomac River, from shore to shore, including therein the reclaimed lands.

Their claims are based upon two distinct lines or sources of title, inconsistent with each other: One originating...

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