Jones v. Tatham
Supreme Court of Pennsylvania
Error to the District Court, Philadelphia. This was an action of ejectment, in the District Court, Philadelphia, brought by George N.'Tatham, on the 25th of February, 1851, against William Jones, to recover possession of a frame dwelling and lot of about 2]- acres of land upon Windmill Island, in the river Delaware opposite the city of Philadelphia, lying south of, and adjoining to the canal cut through the said island, and bounded on the south by a fence and a line of…
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Error to the District Court, Philadelphia. This was an action of ejectment, in the District Court, Philadelphia, brought by George N.'Tatham, on the 25th of February, 1851, against William Jones, to recover possession of a frame dwelling and lot of about 2]- acres of land upon Windmill Island, in the river Delaware opposite the city of Philadelphia, lying south of, and adjoining to the canal cut through the said island, and bounded on the south by a fence and a line of trees, and east and west by low water mark of the river Delaware, together with a piece of marsh land adjoining the above on…
1Opinion of the Court
The opinion of the Court was delivered, by
Lewis, J.
By the first section of the Act of 14th February, 1838, the Camden and Philadelphia Steamboat Ferry Company was authorized to cut through Windmill Island, and construct, for the navigation of steamboats and vessels, “a passage of such dimensions and draught of water as the company shall deem most beneficial to the interests” of New Jersey and Pennsylvania. By the 3d section, the company was authorized “ to enter in and upon and occupy, for the purpose of making said canal, any land on which the same may be located.” Then follows the necessary…
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