Simpson v. Neill
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of January Term 1877, No. 153. Debt by John L. Neill against Adam M. Simpson, on an award of the Board of Port Wardens of the port of Philadelphia. In 1867 Neill and Simpson were tenants in common of certain land which extended from Swanson street to the line fixed by the Board' of Port Wardens in the Delaware river.
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Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of January Term 1877, No. 153. Debt by John L. Neill against Adam M. Simpson, on an award of the Board of Port Wardens of the port of Philadelphia. In 1867 Neill and Simpson were tenants in common of certain land which extended from Swanson street to the line fixed by the Board' of Port Wardens in the Delaware river. On this land was a wharf, from which extended two piers into the river at a distance of about sixty-four feet from each other. Neill and Simpson agreed to make partition of the land, and deeds were mutually…
1Opinion of the Court
The judgment of the Supreme Court was entered, March 17th 1879,
2Per curiam
We think there is nothing in the points made on the conveyances so much relied on by the learned and zealous counsel for the plaintiff in error. If the deed Neill to Simpson contained the general words “ waters, docks, &c.,” so did the deed Simpson to Neill of the same date, and the one was a fair set-off against the other. But in truth neither party had any right to convey the waters and docks, being as they wore part of the river Delaware. These words could have no more effect on the rights of the respective parties than would a…