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Brooks vs. Andrew Papers, 1760-1851

 Collection
Identifier: MH 49

Scope and Content Note

The Brooks vs. Andrew Papers is a collection of legal papers related to the suit brought by John Brooks against John Andrew in 1825 regarding Andrew's construction of a platform and building on tidal flats claimed by Brooks. It also contains some material not related to the case. The collection is divided into two 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."

Series II. Miscellaneous Papers contains material that is unrelated to the Brooks-Andrew controversy. Included are a gutter assessment receipt; a bill of sale for a 3/8th interest in a schooner; notice of a meeting of the Salem Sea Fensibles; the bond of Ebenezer Tozzer to Joseph Whitefoot; and the bill of Dr. W. Paine to the town for services at the "Pest House."

Dates

  • Creation: 1760-1851

Restrictions on Access

This collection is open for research use.

Biographical Sketch

There is no evidence, direct or indirect, in the materials, or elsewhere, that would positively identify the individuals involved in this dispute. From the 1820 Salem tax records, John Brooks owned a house, store, and wharf in Salem's Ward 1, the waterfront district, and operated a ship's chandlery business at the wharf site. Additionally, a John Brooks of the same period in Salem was owner or part owner of a number of vessels registered in Salem. This may or may not be the same individual. A well-known and prosperous Salem merchant, John Hancock Andrew (see MSS #1), was active at that time. It is possible that this is the same John Andrew represented in this collection.

Extent

0.25 linear feet (1 box)

Language of Materials

English

Abstract

The Brooks vs. Andrew Papers is a collection of legal papers related to the suit brought by John Brooks against John Andrew in 1825 regarding Andrew's construction of a platform and building on tidal flats claimed by Brooks.

Series List

SERIES I. John Brooks vs. John Andrew

SERIES II. Miscellaneous Papers

Physical Location

Phillips Library Stacks

Provenance

This material was donated by Marie Battis in 1949 (acc #12,118).

Processing Information

Collection processed by Robert F. Craig, June 1999.

Title
BROOKS vs. ANDREW PAPERS, 1760-1851
Author
Processed by: Robert F. Craig; machine-readable finding aid created by: Rajkumar Natarajan.
Language of description
English
Script of description
Latin

Repository Details

Part of the Phillips Library Repository

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