Paul v. Carver
Supreme Court of Pennsylvania
Error to tbe District Court of Philadelphia. This was an action of ejectment brought in the court below by-Alexander B. Carver, against James W. Paul, to recover a certain strip or piece of ground, being the northern part of the soil of Tidmarsh street as formerly laid out between Twelfth and Thirteenth and Christian and Catherine streets, in the consolidated city of Philadelphia.
Read the full summary
Error to tbe District Court of Philadelphia. This was an action of ejectment brought in the court below by-Alexander B. Carver, against James W. Paul, to recover a certain strip or piece of ground, being the northern part of the soil of Tidmarsh street as formerly laid out between Twelfth and Thirteenth and Christian and Catherine streets, in the consolidated city of Philadelphia. In 1805, John Lownes, being the owner of a large tract of land in the township of Moyamensing, in the county of Philadelphia, called “ Barnfield,” including the land in dispute, by his will directed that a street 50…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, C. J.
The general rule is well established that where a stream not navigable is called for in a deed as a boundary or monument, it is used as an entirety to the centre of it, and to ■that extent the fee passes. It would require an express exception ■in the grant, or some clear and unequivocal declaration, or certain] and immemorial usage, to limit the title of the grantee, in such! cases, to the edge of the river: 3 Kent’s Com. 428. So land/ bounded by an artificial ditch extends to the centre of the ditch: 6 Conn. 471. So, where a street is…
2Cases cited5 opinions
- Peck v. SmithSupreme Court of Connecticut · 1814
- Union Burial Ground Society v. RobinsonSupreme Court of Pennsylvania · 1839
- Warner v. SouthworthSupreme Court of Connecticut · 1827
- Johnson v. AndersonSupreme Judicial Court of Maine · 1841
- Lessee of Black v. HepburneSupreme Court of Pennsylvania · 1798
3Cited by38 opinions
- Rio Bravo Oil Co. v. WeedTexas Supreme Court · 1932
- Rahn v. HessSupreme Court of Pennsylvania · 1954
- Quicksall v. City of PhiladelphiaSupreme Court of Pennsylvania · 1896
- Texas Bitulithic Co. v. WarwickTexas Commission of Appeals · 1927
- Pinsky v. SloatCalifornia Court of Appeal · 1955
33 more not listed; retrieve them via the Exa API.