Proprietors of Claremont v. Carlton
Superior Court of New Hampshire
When lands are described in a deed as bounded on a river, the centre of the stream is to be considered as the houndary. If an island be situated in the river, and is nearest that bank where the premises lie, it nasses to the grantee. Parol declarations of former owners of the premises are incompetent to contradict this construction of the deed.
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When lands are described in a deed as bounded on a river, the centre of the stream is to be considered as the houndary. If an island be situated in the river, and is nearest that bank where the premises lie, it nasses to the grantee. Parol declarations of former owners of the premises are incompetent to contradict this construction of the deed. But it ‘is competent to show by parol evidence* that the quantity of water was such on each side of the island as to bo calied by the name of the river; and then as a latent ambiguity it may be explained by other testimony what the parties proba-* bly…
1Opinion of the CourtWoodbury, J.
The dispute in this case is concerning an island in Sugar river. The demandants claim it as original proprietors of the town in which the island is sit uated. The tenant claims a portion of it as part of lot No. 46 in said town, to which lot he and his immediate grantors have shewn a legal title derived from the demandants. It is admitted, that said lot was conveyed as bounding south on Sugar river, and that more than half of the water in said river runs on the south side of this island.(1) 5 Wheat, 331'
The first question is, whether on these farts the island would pass under the deed through…
2Cases cited1 opinion
- Ely v. AdamsNew York Supreme Court · 1822
3Cited by10 opinions
- Ex parte JenningsNew York Supreme Court · 1826
- Clough v. BowmanSuperior Court of New Hampshire · 1844
- State v. CanterburySuperior Court of New Hampshire · 1854
- Deming v. CarringtonSupreme Court of Connecticut · 1837
- Dow v. JewellSuperior Court of New Hampshire · 1846
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