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Cases cited for the legal proposition you have searched for.

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1

...in a deed shall be followed as a straight line or whether it is to be held to be a meander line and to run along the thread of a stream. The trial court held the call to be a meander line as a matter..."thence up Sandy River, nearly south, 29 poles 1 link, to a sycamore" conveyed to the thread of the stream. The court said: "It is a wellsettled rule of law that a conveyance of land to a water course..., and thence with the same, passes title to the thread of the stream, unless otherwise provided or indicated." The holding is harmonious with the Texas decisions analyzed above. It was held in Lewallen v. Mays, supra, that a line...


Court: Supreme Court of Texas.
Date: Mar 8, 1961 Cited By: 79 Coram: 2
2

...preponderance of the evidence. 4. Real Estate: Waters. An owner of land on shore, in the absence of restrictions on his grant, owns to the thread of the stream, and his riparian rights extend to existing and subsequently formed islands. 5. Real Estate: Waters: Title. Where title to an island bounded by the waters of a nonnavigable...navigation, riparian owners are entitled to the possession and ownership of an island formerly under waters of the stream as far as the thread of the stream. 9. Waters: Words and Phrases. The thread or center of a channel...other words, the thread of the stream is the deepest groove or trench in the bed of a river channel, the last part of the bed to run dry. 10. Real Estate: Waters: Boundaries. Where the thread of a stream is...


Court: Nebraska Court of Appeals.
Date: Aug 2, 1994 Cited By: 7 Coram: 1
3

...a part of the sand and gravel was removed from their property. Strange as it may seem, both parties agree that the thread of the stream of Pearl River is the dividing line between their properties...the appellee is the thread of the current or the thalweg, then all the sand and gravel removed was removed from appellee's property. The chancellor in reaching his conclusion evidently relied upon our holding in Robinson v. Humble Oil Refining Co., 253 Miss. 602, 176 So.2d 307 (1965), wherein we held that where a stream is...bed of which belongs to the upland owners, would be considered to extend to the thread of the stream. 8 Am.Jur. Boundaries § 23, p. 762 (1937); Anno. 74 A.L.R. 597, 599 (1931). What is meant by thread of the stream? Professor Skelton, in his book on The Legal Elements of Boundaries and Adjacent Properties, at page 311, has this to say: The thread of a stream...


Court: Supreme Court of Mississippi.
Date: Oct 19, 1970 Cited By: 3 Coram: 2
4

...the thread of the contiguous stream. 4. Waters: Boundaries: Words and Phrases. The thread, or center, of a channel is the line which would give the landowners on either side...access to the water, whatever its stage might be and particularly at its lowest flow. 5. Waters: Words and Phrases. The thread of a stream is that portion of a waterway which would be the last to dry up. 6. Waters: Boundaries. Where the thread of a stream is...of a river, determined by dividing the distance between meander lines of the river, is an arbitrary location of the center of the stream and is not a determination of the thread of the stream in this...


Court: Court of Appeals of Nebraska.
Date: May 7, 2013 Cited By: 2 Coram: 1
5

.... Furber, 47 N.H. 301, 304. On the question whether under a particular description land passes to the centre of a highway or to the thread of a stream, the trivial benefit to the grantor of.... TRESPASS qu. cl., for crossing the plaintiff's field. Plea, the general issue, with a brief statement of a right of way. Facts found by the court. The defendant owns farm No.... 1, and the plaintiff owns farm No. 2, adjoining No. 1 on the east. The northern boundary of both is a highway. In 1882 the defendant, owning both farms, conveyed No. 2, "reserving the right to pass...


Court: Supreme Court of New Hampshire Belknap.
Date: Jun 1, 1888 Cited By: 21 Coram: 1
6

.... We are asked to determine the meaning of the words "thread of the stream" as applied to the Ohio River, and to declare whether the property rights of riparian owners extend to the middle of the river (at normal stage) opposite their land or to the center line of the main channel. The appellant, Louisville Sand and Gravel Company, has a lease...his title." The real issue in the Berry case was the ownership of a sand bar admittedly south of both the main channel and the middle of the river, and, as a consequence, it was not necessary for the court to distinguish the two or to locate and define the meaning of "thread of the stream." In...calling for the shore line as a boundary, our decisions are uniform in holding that the rights of the riparian owners extend to the thread of the stream. Such grants do not carry title to the bed of the...


Court: Court of Appeals of Kentucky.
Date: Mar 19, 1954 Cited By: 5 Coram: 1
7

...." It may be stated generally that the rule relating to the extension of boundaries to the thread of a stream applies only to non-navigable streams, for the reason that the State, in...be taken, not as the corner, but the place where the projected line enters the stream; it is immaterial whether such place be at the edge of the water or at a convenient distance back on the line." 7...Tex.Jur. 134, § 15. It is further stated that the rule "is applied because of the necessity of the case. A surveyor usually cannot go into a stream to make a corner, so he makes a...


Court: Court of Civil Appeals of Texas, San Antonio.
Date: Oct 30, 1946 Cited By: 7 Coram: 1
8

.... Waters: Boundaries. Under Nebraska law, title to riparian lands runs to the thread of the contiguous stream. 9. Waters: Boundaries: Words and Phrases. The thread, or center, of a channel...is the line which would give the landowners on either side access to the water, whatever its stage might be and particularly at its lowest flow. The thread of the stream is that portion of a waterway...which would be the last to dry up. 10. Real Estate: Waters: Boundaries. Where the thread of a stream is the boundary between estates and that stream...


Court: Nebraska Court of Appeals.
Date: Aug 23, 2005 Cited By: 3 Coram: 1
9

...thread of a stream will be presumed from a conveyance of adjacent lands bounded by, upon or along the stream, or other equivalent phrase or where the description is to a stream naming it, thence along the...that adjoining proprietors of land having a nonnavigable stream as a boundary line between them take each to the middle or thread of the stream. Bullock v. Wilson, 2 Port. 436; Greenfield v. Powell, 218 Ala. 397, 118 So. 556. The language of a deed...the thread of the stream is the true boundary. Hanlon v. Hobson, 24 Colo. 284, 51 P. 433, 435, 42 L.R.A. 502, 513. The presumption that the line between owners bordering on a nonnavigable...


Court: Supreme Court of Alabama.
Date: Jan 26, 1961 Cited By: 21 Coram: 1
10

.... While it is correct under Wisconsin law that riparian owners own the riverbed and any islands up to the thread of a stream, the applicable federal law provides that all islands in existence on...lying directly west of Lots 1 and 2 but east of the thread of the river, including a portion of the former river island and a portion of Island 126. See Franzini v. Layland, 120 Wis. 72... UNITED STATES of America, Plaintiff, v. Clifford SEVERSON and Mable Severson, and Vernon County, Wisconsin, a public corporation, Defendants...


Court: United States District Court, W.D. Wisconsin.
Date: Feb 20, 1970 Cited By: 1 Coram: 1
11

...established, which issue shall be tried before the district court under its equity jurisdiction without the intervention of a jury, and appeals from such proceedings shall be had and taken in conformity with the equity rules. 5. Waters: Boundaries: Easements. Subject to the easement of navigation, riparian owners are entitled to the possession and ownership of an island formerly under waters of the stream as far as the thread of...stream. 6. Real Estate: Waters: Boundaries: Words and Phrases. The thread of the stream is the deepest groove or trench in the bed of a river...channel, the last part of the bed to run dry, and where the thread of a stream is the boundary between estates and that stream has two channels, the thread of the main channel is the boundary between the estates. 7. Real Estate: Waters: Words and Phrases. Avulsion is a sudden and perceptible loss of or addition to land by the action of water, or a sudden change in the bed or course of a stream. 8...


Court: Nebraska Court of Appeals.
Date: Sep 20, 2011 Cited By: 2 Coram: 1
12

...conceded thread of a stream would not lead to the place indicated. But, in case of doubt where the thread of a changeable stream was at the time of the survey, if the other calls of the fieldnotes lead...section lines well established, had to be disregarded, in order to locate the thread of the stream on the east of the land in contest. The Terrell survey shows quite clearly, we think, that Terrell...intended to locate and did locate the thread of the stream on the cast of the land in contest, where respondent claims it to have been, where naturally it might have been, and where many of the witnesses...


Court: Supreme Court of California
Date: Feb 15, 1898 Cited By: 0
13

.... A grant, by the owner of land extending to the thread of a stream, of the right to erect and maintain booms for logs, necessarily...damage resulted, and that the defendant had logs in the river which formed a jam at one of the piers in the river opposite the plaintiff's premises. The pier was located near the center of the stream.... 38. It was a right to use the bed of the stream for the support of permanent structures and to derive therefrom such pecuniary benefits as might result from the prosecution of the business of...


Court: Supreme Court of New Hampshire Coos.
Date: Dec 3, 1918 Cited By: 6 Coram: 1
14

.... The thread of a stream is constantly changing; hence the averment that the boundary line at the point in question is in dispute between these counties presents a question of fact. Franzini v...statute fixing Elmore county fixes the boundary between it and Tallapoosa county at the median line or thread of the stream — the line to which Elmore county is claiming. Tallassee Falls Mfg. Co. v. State...judicial knowledge that the median line or thread of the stream is the true line between these counties, and the allegation of the bill to the effect that the territory between the thread of the stream...


Court: Supreme Court of Alabama.
Date: Dec 11, 1930 Cited By: 17 Coram: 1
15

...: Boundaries: Title. Title to riparian lands runs to the thread of the contiguous stream. 15. Waters: Boundaries: Words and Phrases. The thread, or center, of a channel is.... Rev. Stat. § 34-301 (Reissue 2008), rather than the thread of the stream. We reverse the district court's order, because we find that the Schmidts failed to prove an avulsive event by the requisite proof. As a result..., the boundary between the lands of Babel and the Schmidts is determined by the current location of the thread of the stream. FACTUAL BACKGROUND Babel and the Schmidts own property on the south bank and the north bank, respectively, of the Platte River near Chapman in Merrick County, and as a result...


Court: Nebraska Court of Appeals.
Date: Mar 3, 2009 Cited By: 7 Coram: 1
16

...construction that a call to a nonnavigable stream means to the center (thread) of the stream. State ex rel. Davis v. Superior Court, 84 Wn. 252, 146 P. 609 (1915..., 135 P. 1042 (1913), Bernhard also contends that the 1914 deed was a grant bounded by the bank of a nonnavigable stream which conveyed only to the specified boundary and not to the thread of...description in a conveyance which specifically names the bank of a nonnavigable stream or river as the boundary grants only to that bank. Commissioners Comm'l Waterway Dist. 2 v. Seattle Factory Sites Co., supra. But Generally, a call in a deed to a nonnavigable river means to the center (thread) of...


Court: The Court of Appeals of Washington, Division One.
Date: Jan 10, 1983 Cited By: 5 Coram: 1
17

...." Code of Civil Procedure, section 2077 [Rules for construing descriptions of lands.] ". . . 4. When a . . . stream of water not navigable, is the boundary, the rights of the grantor to the . . . thread of...the stream are included in the conveyance, except where the . . . thread of the stream is held under another title." [3] No difference appears in the meaning intended by the use of the word "up the middle of the San Joaquin River" and "up the middle of the main channel." Normally these words have the same meaning. [4] Where the Legislature intends to designate a county...the abutting owners on a nonnavigable, nontidal stream are deemed to be the owners "to the middle of the stream," "to the thread of the stream," or "to the filium aquae," as it is variously expressed...


Court: Supreme Court of California.In Bank.
Date: Dec 15, 1959 Cited By: 4 Coram: 1
18

...each riparian owner owns to the center of a nonnavigable stream, the "center" being synonymous with "thread". See.... Beck, Boundary Litigation and Legislation in North Dakota, Vol. 41, N.D.L.Rev. 424, 439-441 (May, 1965). The thread of a stream is defined by one authority as "the line...asserts that an owner of property bordered by a nonnavigable stream owns to the middle of the stream unless an intent to the contrary is manifested. It contends that in this instance an intent to the...


Court: Supreme Court of North Dakota.
Date: Feb 16, 1978 Cited By: 5 Coram: 1
19

...Alienation. Perpetuities, Rule against. Damages, For property taken or damaged under statutory authority. The owner of land bounded on the thread of a stream, across which there...was a dam, built upon his land and upon the adjacent land on the other side of the thread of the stream belonging to a third person, executed and delivered in 1849 an agreement in writing, in the form...taking of any land, water or water-rights." The case is before us on a report of a judge of the Superior Court, an agreed statement of facts, and a stipulation. The land taken from the petitioner is bounded on the thread of a stream known...


Court: Supreme Judicial Court of Massachusetts. Worcester.
Date: Oct 22, 1920 Cited By: 0 Coram: 1
20

...respecting the rights of the public in navigable streams, and whether navigability is determined by the capacity of a stream for the floating of logs, though its use for that purpose has been abandoned. In Michigan, title to the thread of...the rights of the owners of the bank. Reasoning by analogy, the appellant contends that, since fishing is not an incident to the right of floatage, public rights cannot extend beyond that use of a private stream which its use for floatage requires. There followed, however, the case of Burroughs v. Whitwan, 59 Mich. 279, 26 N.W. 491. The action was trespass for fishing on plaintiff's millpond created by damming Thread river.... SIMONS, Circuit Judge. The appeal challenges the existence of public fishing rights in a Michigan stream running through private property; the stream having at one time been used...


Court: Circuit Court of Appeals, Sixth Circuit.
Date: Jan 14, 1936 Cited By: 6 Coram: 1

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