Broumel v. White
Broumel v. White
Opinion of the Court
delivered the opinion of the Court.
The bill in this case was filed by Francis White, the appellee, for an injunction to restrain the appellant, Louisa M. Broumel, from maintaining her dwelling and other houses on what is alleged to be the bed of Chestnut street, and a mandatory injunction is prayed requiring the appellee to remove said buildings from the bed of said street.
The ground upon which the appellee places this application for the exercise of this extraordinary power of a Court of Equity, is that Chestnut street nearly twenty years ago was dedicated to the public as a street or highway. The answer denies that there ever was any intention to dedicate as a public street what is claimed to be the bed of Chestnut street, and that if there ever was any such dedication it was long ago abandoned by all parties having any interest in the adjoining land or any right to the use of the way so claimed to have been dedicated. The Court below decreed pro forma that Chestnut street or avenue is dedicated to the public as a street; that the appellant should no longer maintain her dwellings now in the bed of said street, and that she should remove them at'her own cost within sixty days from the -date of the decree.
In the case of Mayor and City Council of Baltimore against this same appellant decided at last April Term, 86 Md. 153, we held that if there ever was a dedication of this cul de sac (Chestnut avenue) it most certainly has never been accepted and that “ the city of Baltimore does not, therefore, own this alleged avenue, and was without authority to interfere with the buildings thereon.” In concluding the opinion in the case just referred to we said: “If the public convenience requires that this avenue should be opened, It must be opened pursuant to and not in defiance of law. Most assuredly private property cannot be ruthlessly taken from its owner by the strong hand of force under a pretext that the buildings are located on a dedicated highway without an opportunity being given to the owner to be heard in some duly constituted tribunal.’’
The controlling question, therefore, is whether Chestnut avenue was dedicated, as claimed by the appellee, and if so, what are the rights of the appellant? The general principle that a dedication of private property to public use must be established by clear, satisfactory and cogent proof is so well settled in this State that any citation of authorities is unnecessary. Do the facts here relied on satisfy the requirements of this rule? In 1878 certain receivers appointed by the Circuit Court of Baltimore City were authorized by that Court to sell a tract of land in Baltimore County. The receivers prepared a sale’s plat of the land on which a number of streets, among them Chestnut avenue, was laid out, and the lots appear to have been sold, and some of them conveyed as designated on the plat. The appellee purchased at the receivers’ sale a number of lots abutting on the north side of the alleged street; at the same sale the appellant purchased several lots abutting on the south side of said street immediately opposite those purchased by the appellee. In the deed from the receivers to the appellee the lots purchased by him are described as one tract, running southerly “ to the north side of Chestnut avenue, thence east on the north side of Chestnut avenue, one hundred and fifty feet to the west side of an alley twenty feet wide.”' In the deed from the receivers to James Broumel, under whom the appellant claims the land now owned by her, is described as certain lots designated on the plat, on which, as we have said, Chestnut avenue is laid out as a street. The plat in question was used at the sale of the lots, was filed in the cause in which the decree was passed authorizing the sale at which both the appellant and appellee’s predecessors in title purchased. Under these circumstances we think it may fairly be said there was a
Without undertaking to discuss all of the positions taken by the appellant, we will confine our attention to the discussion of the one in which we think the strength of her case lies, viz., that she is a bona fide possessor, and that therefore the improvements on the bed of Chestnut avenue cannot be taken without compensation. We have said in the former case that it would be the greatest injustice to allow the city without compensation to the appellant to destroy her dwellings and other buildings on the bed of Chestnut avenue. And under the peculiar circumstances
In this case there can be no question as to the bona fides of Robinson who built the house in the bed of the street. He testifies that he never had any intimation that there was any street or avenue on the property and that there was ■nothing to indicate that there was any proposed road or street there. The appellee saw him building, never made any claim to the street, and offered to lease him land north of the fence which then enclosed the.appellant’s lot, including part of Chestnut avenue. Broumel, from whom Robinson purchased, purchased at the receivers’ sale, and after-yards purchased from Robinson, having previously sold the property to him, but there is nothing to show that he had any other notice of a dedication except that which is furnished by the plat and the reference to it in his deed. If knowing these facts, he made a mistake and drew an incorrect legal inference from them, and believed that the house was on his own land, when it was on a dedicated street, a Court of Equity will not allow him or his wife who claims
But a Court of Equity will sometimes grant relief where there is a mutual mistake of fact. In the case of McKelway v. Armour, 2 Stockton’s Chancery Reps., 115, also cited in McLaughlin v. Barnum, a bill was filed “to relieve the complainant from the embarrassment of having erected a valuable dwelling house by mistake, on the land of the defendant Armour.” There, as may be conceded is the case here, there was a mutual mistake. “ It is proved,” says the
We hold, therefore, that while the facts of the case show a dedication of the bed of Chestnut street or avenue as designated on the plat and referred to in the deeds to both the appellant and appellee, yet the appellant is entitled, whenever hereafter Chestnut street or avenue shall be opened, to such compensation as shall be ascertained to be the fair market value of her buildings in the bed of the street.
Decree reversed with costs to appellant and cause remanded.
Reference
- Full Case Name
- LOUISA M. BROUMEL v. FRANCIS WHITE
- Cited By
- 8 cases
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- Syllabus
- Dedication—Compensation for Improvements—House Built by Mistake in Dedicated Street. When a deed conveying land describes it as binding on an unopened street owned by the grantor and designated as such on a map made by him, there is a dedication of the street to the public. When a party acting in good faith makes a mistake as to the boundaries of his land and erects improvements upon land which he does not own, he is entitled to compensation for the improvements when the true owner asks the aid of a Court of Equity to recover possession of the land. Defendant, the owner of certain lots of ground bounded on one side by an unopened street which had been dedicated to the public by the former owner by a plat made at the time of sale, built his hotise partly on said street. There were no marks to indicate where the projected street ran and the house was erected under a bona fide mistake as to the ownership of the land. It was also doubtful whether the street was dedicated in law. Several years afterwards a party who owned land bounding upon the same dedicated street and who had made no objection to the erection of the house, filed a bill asking for a mandatory injunction directing the removal of the house from the bed of the street. Held, that the defendant is entitled to be paid the fair value of the building before the same can be removed, whenever the street shall be opened.