Hunter v. Howard
Supreme Court of Pennsylvania
Nathan Howard, plaintiff below, brought this ejectment in the Court of Common Pleas of Venango county, against Robert Hunter and others, to recover an island in the river Allegheny. The original improver of the island was one John Andrews, who soon after the passage of the act of assembly of the 27th January, 1806, directing the sale of islands in the rivers Delaware, Ohio, and Allegheny, made application for the island to the land office.
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Nathan Howard, plaintiff below, brought this ejectment in the Court of Common Pleas of Venango county, against Robert Hunter and others, to recover an island in the river Allegheny. The original improver of the island was one John Andrews, who soon after the passage of the act of assembly of the 27th January, 1806, directing the sale of islands in the rivers Delaware, Ohio, and Allegheny, made application for the island to the land office. In. consequence thereof the board of property made an order dated the 24th November, 1806, appointing valuers, who made a report in writing on the 30th…
1Opinion of the Court
The opinion of the court, (Tilghman, C. J. being absent,) was delivered by,
Duncan, J.
Islands in the great rivers of Pennsylvania, under the provincial government, was never the subjects of appropriation, either by office right or settlement. The proprietaries appropriated them to their own use by special warrants. This, from the consideration of the supposed superior nature, either from the quality of the soil, or the benefit of fisheries. The state has pursued the same policy. When the land office was opened on the 8th April, 1785, for the sale of the residue of the waste lands, shortly…
2Cited by1 opinion
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