Evening star., 1886-11-26
THE POTOMAC FLATS TITLE.
A Bill i'm Equity Filed BY The Govern
menf-The Ktdwell Patent Said 70 b
Null and Void.

| menf-The Ktdwell Patent Said 70 BE
| Null and Void.
| The district attorney filed to-day, by direction
| of the Attorney General, bill in equity, with
| nineteen exhibits, agreeably to the provisions
| of the act of Congress approved August 8, 1886,
| against all persons pretending to have any
right title, claim or interest In any part of the
| land water in the District of Columbus
Within the limits of the city OF Washington or
exterior to said limits, and in front thereof to
ward the channel of the Potomac river and
composing any part of the land or water affected
| by the improvements of the Potomac river or
It's flats in charge OF the Secretary OF War, tor
the purpose OF making clear the right OF the
United States thereto.
PARTIES TO THE BILL.
The parties to the bill by name are Martin F.
Morris, Henry Wells Edward II. Wilson,
Samuel V. Niles, Catherine \. Kidwell, Emma
McCahill, John w. KidwelI, Francis L. Kidwell,
tive interests claims arise under the patent
| to John l.. kidwell tor the so-called "kidwell
meadows containing fOrty-seven acres, and
which lie off the observatory grounds below
| Easby's wharf; and Henry NJ. Marshall, James
Marshall. Charles Marshall. Robert Marshall,
Martin Marshall, Hester Marshall, Mary Mar
shall, Anne Maria Marshall, Lucy p Morris,
Samuel Marshall, Lucy Marshall James Nj.
Marshall, William Marshall Charles :. Mar
shall, j. \. Marshall and Susan Nj. Amber,
who are made parties by reason of some claim,
| the nature of which is not set out in the bill.
1t is supposed to he based upon the assumption
that they are the heirs OF James NJ. Marshall,
who purchased from Denny Martin Fairfax.
to whom Lord Fairfax had devised his inter-
est as sole owner OF grants made by Charles
III and James III to Lord Culpeper, of whom
he was heir, and which grants covered the
entire bed OF the Potomac river and all the
land between the Potomac and Rappahannock
rivers. Marian b. Hoban, Marian +. HOban,
Frederick Ii. Hoban and James Hoban
made parties Oh account OF claims supposed TO
grow out of alleged ownership of lots i'll one OF
the squares affected by the Improvements.
Isabella NJ. Fiinam, Junius J. Boyle, Mary 4.
Boyle, Bernard kilmartin, Richard b. Boyle,
Ivan T.. Boyle, COrneiia Watts, Nathaniel ).
Watts, Eulalie Boyle Hall, Henry Hail. John
+. Boyle. Mary V. Boyle, John l.. Kilmartin,
Eugene kllmartin, Annie kilmartin and Ella
IAIimartin are also made parties ON account OF
Claims supposed to grow out OF alleged owner
ship of lots i'll one Uf the squares affected by
the improvements, and the Chesapeake aud
Ohio canal company is made party on account
Oi Claims supposed TO be based on its title TO
riparian rights from Easby's wharf to 11th
street. All the parties eXccptNthose claiming
under the kidweil patent are expected to ap-
pear and set up specifically, and maintain the
rights Claimed by them.
THE PATENT SAID TO BE FRAUD.
The bill then gives the reasons for the state
ment that tine patent granted to John L. Kid
well was null and void. The claim is made
that the land included within this patent was
within the limits OF the city and was not COW
cred by the terms OF the JOINT resolution OF Feb.
10Th, 1883, which provided that such lands in
the county OF Washington in the District OF
COlumDiaNnd without the limits Of the city OF
W ashillSton, should he executed by the Secre-
tary OF the treasury through the general land
Office Further, that the LANDS were covered with
water lor the greater part of the time, and were
not capable oil cultivation; that The patent was
Issued by fraud and through the influence OF
JOhn Wilson, a brother OF Joseph >. W ilson, the
commissioner of the general land Office. John
| Wilson became the attorney o1 said John l..
kidwell, and on September IL, 1863, as SUCH
attorney made application tor Il reopenlHg OF
SAID case and filed five afiidavits. the substance
Oi which Is to the effect that there was naVlS;i-
Ole CHANNEL between said tract and the W ash
lngton shore, and that said tract was high and
dry land, i'll both OF which particulars sad iffi-
daNlts were untrue, and that in one OF said atfi-
davlts, dated september 10, 1863, signed by
said John Wilson and the defendant Henry
Wells, they stated that they had 10 interest in
said kidweil'S claims, which assertion is re-
peated In another affidavit OF same date by said
Wilson. Yet, before said patent was issued, by
a deed dated NoSember9, 1863, said john l..
hldWeil conveyed 10 said John W ilson an undi-
Vided three-elghths interest in said kidwell
meadows, and SAID Wilson by deed NOvem-
Der II, loG9 conveyed To SAID Henry Wells an
undivided half OF SAID three-eiglths interest iii
the same; that on the 10Th OF November, 1869,
Stephen j. Dallas made second report to the
commissioner of the general land office upon
hluWel 5 appilcat1On III which he reScliued
his former adverse opinion as to said kidwell
meadows not being susceptible OF cultivation,
and stated tnat though "hardly yet tit TO pro-
duce successful crops of corn or garden veset;i-
bies the land nevertheless is susceptible OF pro-
ducinS fodder and atfOrding pasture for the cat
tie, and he approved said survey thcreupOn,
and on December g. 1868, said patent was
Issued; that said report was not an honest eX-
preston OF opinion by said Dallas, but was the
result of proper and undue pressure brought
10 bear upon him by his superior i'll Office.
IN THE EQUITY COURT
to-day District Attorney Worthington asked
and obtained an order requiring the absent de-
PENDANTS to appear and enter appearance by
the first Monuay in January next.
Thanksgiving Marriage Bells.