William H. Irwin, Appellant v. George O. Dixion and John A. Dixion Book Reviews

William H. Irwin, Appellant v. George O. Dixion and John A. Dixion by United States Supreme Court Book Summary

THIS was an appeal from the Circuit Court of the United States for the District of Columbia and County of Alexandria. It was a bill filed by the Dixions to restrain the appellant from erecting an inclosure in what they claimed to be a public highway, in the town of Alexandria, by which the said highway was obstructed, and the ancient lights of the appellees, looking into the said highway, were darkened; and for an abatement of the nuisance. The court granted a perpetual injunction, defining the limits of the highway, and requiring the appellant to remove the nuisance. The material facts of the case were as follows. John Fitzgerald and Valentine Peers, on the 25th of April, 1778, received a conveyance of lot 51 in the town of Alexandria, between which and the water of the Potomac River there was 'sunken ground,' which, on the 17th of September, 1778, was conveyed by William Ramsay and John Carlyle, in their own right, and as trustees of the said town, to the said Fitzgerald and Peers. A portion of this land was built upon by them, and that portion which extends from King Street on the north, running with Union Street on the west to the centre of an alley now called Dock Street, or Fitzgerald's Alley, and running to the Potomac River, with the building fronting on Union Street, was, by various deeds, transferred to and vested in Thomas Irwin, the father of the appellant. Thomas Irwin was in under his purchase in the year 1802, and continued so to his death, which happened in the month of January, 1827. By his will, he directed that all his estate should be equally divided between his children, when his son William (the appellant) should arrive at the age of twenty-one; in the mean time to be managed for their benefit, by his sons Thomas, James, and William.

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