Hayes's v. Bowman
Supreme Court of Virginia
Appeal from the Staunton chancery court. The case was in substance as follows: Bowman purchased of Hayes and Bumgardner, a tract of land lying on the South river, near Waynesborough, on which there was a valuable mill-seat. The deed from Hayes and Bumgardner to Bowman, conveys the land to the « middle of the river.” This tract had formerly belonged to Estill, being part of a larger tract lying on both sides of the river.
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Appeal from the Staunton chancery court. The case was in substance as follows: Bowman purchased of Hayes and Bumgardner, a tract of land lying on the South river, near Waynesborough, on which there was a valuable mill-seat. The deed from Hayes and Bumgardner to Bowman, conveys the land to the « middle of the river.” This tract had formerly belonged to Estill, being part of a larger tract lying on both sides of the river. Estill conveyed the land in question to trustees, describing it as “ lying on the west side of the iSouth river, and bounded by the river,” &c. The land being sold under this…
1Opinion of the Court
April 8.
Judge Cabell,
delivered the opinion of the court.†
The main question in this case, depends on the construction of the deed of trust of the 27th March, 1802, executed by Estill and wife, to Joseph Bell and others.
Where the commonwealth, having title to lands lying on both sides of a water-course not navigable, grants the lands lying on one side thereof, and bounded thereby, it is universally admitted, that such grant carries with it, the title to a moiety of the bed of the water-course. There can be no reason assigned, why this rule, so just in relation to grants by the commonwealth,…
2Cited by14 opinions
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- Berry v. SnyderCourt of Appeals of Kentucky · 1867
- Town of Ravenswood v. FlemingsWest Virginia Supreme Court · 1883
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