Legal Opinion

Williamsburg Boom Co. v. Smith

Court of Appeals of Kentucky

Decided October 21, 1886PublishedCited by 12 opinions

Case 52 — PETITION ORDINARY APPEAL PROM WHITLEY CIRCUIT COURT. 1. Grants of land bounded on rivers or upon the margin of the same, or along the same above tide-water, carry the exclusive right and title of the grantee to the center of the stream, unless the terms of the grant clearly denote the intention to stop at the edge or margin of the river.

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Case 52 — PETITION ORDINARY APPEAL PROM WHITLEY CIRCUIT COURT. 1. Grants of land bounded on rivers or upon the margin of the same, or along the same above tide-water, carry the exclusive right and title of the grantee to the center of the stream, unless the terms of the grant clearly denote the intention to stop at the edge or margin of the river. The two patents of 1801 and 1815 cover and embrace the whole of that portion of the river bed covered by the patent of 1837. which is, therefore, void. (Berry v Snyder, 3 Bush, 266; Cameron v. Beatty, MS. Op, Peb. 5, 1885; Miller v. Hepburn, 8 Bush,…

1Opinion of the Court

JUDGE HOLT

delivered the opinion oe the court.

*374It is the rule of the common law that the right of land-owners, binding upon tidal waters, extends only to ordinary high water-mark; and that the bed beyond it belongs to the sovereign or State for the use of the public ; but grants of land upon navigable rivers above tide-water vest the right to the soil ad filum aquce in the grantee, unless the terms of the grant clearly show an intention to stop at the margin of the river, subject, ■ however, to the right of the public to use it as a highway ; and the proprietor has a right to use the banks and…

2Cases cited1 opinion

  1. Berry v. SnyderCourt of Appeals of Kentucky · 1867

3Cited by12 opinions

  1. Smith Tug & Barge Co. v. Columbia-Pacific Towing Corp.Oregon Supreme Court · 1968
  2. Caughlin v. WilsonCourt of Appeals of Kentucky · 1915
  3. City of Covington v. State Tax CommissionCourt of Appeals of Kentucky (pre-1976) · 1929
  4. Stonestreet v. JacobsCourt of Appeals of Kentucky · 1904
  5. Turk v. Wilson's HeirsCourt of Appeals of Kentucky (pre-1976) · 1936

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