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Copies of the deeds of Ebenezer Tozzer to Joseph Chipman (1769), David Phippen to Joseph Chipman (1769), Joshua Phippen to Joseph Chipman (1791), undated

 File — Box: 1, Folder: 1
Identifier: I.

Scope and Contents

From the Series:

Series I. John Brooks vs. John Andrew, is a collection of legal papers related to the suit brought by John Brooks against John Andrew regarding his construction of a platform and building extending west from the causeway to Union (Long) Wharf on tidal flats claimed by Brooks by his deed from Joseph Chipman. Andrew's defense was that there had been an ancient channel north of Jeggles Island, upon which Long Wharf was built (1726), which defined the limits of the flats and, therefore, Brooks' land. Brooks, however, refuted this defense with affidavits from "eyewitnesses" who claimed that before Union Wharf was built, there was no northerly channel. The existence of and locus of this channel was also part of the controversy in the 1806 land dispute suit of George Crowninshield vs. Elias H. Derby, et. al. Supporting the Derbys, the judge ruled that structures can be built over flats that become covered and uncovered with the flood and ebb of the tide "so far as it may be done without injury to their neighbors and the public." This dispute was over the boundary between the waterfront properties of Derby and Crowninshield at Union Wharf. This material was probably gathered to bolster Andrew's defense.

In both of these instances, the difficulty is a lack of definitive boundary points that can be used to create an undisputed survey accurately defining property lines. A group of arbitrators selected by Brooks and Andrew found: "we are of the opinion and do award and determine that the said John Andrew had a right to erect the building and platform aforesaid and that he has a right to maintain and continue same."

Dates

  • Creation: undated

Restrictions on Access

This collection is open for research use.

Extent

From the Collection: 0.25 linear feet (1 box)

Language of Materials

From the Series: English

Repository Details

Part of the Phillips Library Repository

Contact:
Peabody Essex Museum
306 Newburyport Turnpike
Rowley MA 01969 USA