Wood v. Appal
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 116, to October and November Term 1869. This was an action of ejectment to July Term 1866, for one acre of ground in West Pittsburg, brought by Adam Appal, lessee of Elizabeth F. Denny, against James Wood. The defendant having died pending the suit, his widow and devisees were substituted as defendants.
Read the full summary
Error to the District Court of Allegheny county: No. 116, to October and November Term 1869. This was an action of ejectment to July Term 1866, for one acre of ground in West Pittsburg, brought by Adam Appal, lessee of Elizabeth F. Denny, against James Wood. The defendant having died pending the suit, his widow and devisees were substituted as defendants. The land in controversy was part of a tract of 640 acres on the south bank of the Ohio river, known as “ Elliott’s Delight,” which had been patented to Daniel Elliott on the 27th of April 1785. The plaintiff gave in evidence the patent on…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1870, by
Agnew, J. —
Ever since the case of Carson v. Blaser, 2 Binney 475, decided in 1810, it has been held in many cases that a survey, returned as bounded by a large navigable river, vests in the owner the right of soil to ordinary low-water mark of the stream, subject to the public right of passage for navigation, fishing, &c., in the stream, between ordinary high and ordinary low water mark. Variety in the language of the return matters little, so that the intention to make the stream a boundary appears sufficiently in the description and…
2Cases cited5 opinions
- Ball v. SlackSupreme Court of Pennsylvania · 1837
- Coovert v. O'ConnerSupreme Court of Pennsylvania · 1839
- Hart v. HillSupreme Court of Pennsylvania · 1836
- Kelly v. GrahamSupreme Court of Pennsylvania · 1839
- Klingensmith v. GroundSupreme Court of Pennsylvania · 1836
3Cited by14 opinions
- Leaf v. Pennsylvania Co.Supreme Court of Pennsylvania · 1920
- Palmer v. FarrellSupreme Court of Pennsylvania · 1889
- Detwiler v. ColdrenSuperior Court of Pennsylvania · 1930
- Lakeside Park Co. v. ForsmarkSupreme Court of Pennsylvania · 1959
- Cryer v. Sawkill Pines Camp, Inc.Superior Court of Pennsylvania · 1926
9 more not listed; retrieve them via the Exa API.