Hi Linda, a ditch was a boundary of a property I researched in Kingston,
RI, dating back to before King Phillips' war in 1675. the ditch was a
boundary marker in the deeds, which are legal documents, showing ditches
can be legal boundaries.
regards,
suzanne

On Fri, Jun 26, 2015 at 2:35 PM, Linda Derry <[log in to unmask]> wrote:

> Histarchers,
>
> I need your help. There is a cemetery in our archaeological park that was
> established by the Alabama legislature in 1851 but we can't find any legal
> records that describe the boundaries.  However there are historical records
> (newspaper reports mostly) that say that the cemetery was "surrounded by a
> ditch" and a few years after it was created, an osage orange hedge was
> planted just inside the ditch.
>
> Today, the ditch is still very apparent, and there are a few  aged  osage
> orange trees too.
>
> Our attorney has told us he does't think that he can use the ditch as
> evidence of the boundary, because of the word "surrounds" since, as he
> says, "its like saying that  the Indians surrounded the fort  and that
> doesn't imply  they were establishing a boundary."  A fence he would
> accept, and he may consider the osage orange, but he doesn't seem to think
> we can protect the ditch from our neighbor's bulldozers.
>
> So, I am turning to you for help.  Are there other examples of graveyards
> that were enclosed by ditches, or documented  evidence that ditches were
> used as boundary markers.  I'm trying to argue that  historically ditches
> were just as real as fences in establishing boundaries.
>
> Linda Derry
> Site Director, Old Cahawba Archaeological Park
> Alabama Historical Commission
> 719 Tremont Street, Selma, AL 36701
> office:  334/875-2529
> park:  334/ 872-8058
> [log in to unmask]
>