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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

...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
3

...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
4

.... 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
5

...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
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

...: 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
8

...." 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
9

...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
10

...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
11

.... 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...the median line or thread of the stream of the Tallapoosa River. * * * "Complainant alleges that as averred in subsection (1) of paragraph 4 of this bill, all of said dam, power...claims that the boundary line between said Counties at said point lies 125 feet, more or less, to the East of the point above defined, that is, at a point of coinciding with the median line or thread of...


Court: Supreme Court of Alabama.
Date: Dec 11, 1930 Cited By: 17 Coram: 1
12

.... 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...the fee in the roadway or stream, and the great possible injury to the grantee from the want of it, are often circumstances of controlling weight. "Ordinarily," says Ladd, J., in Woodman v. Spencer...


Court: Supreme Court of New Hampshire Belknap.
Date: Jun 1, 1888 Cited By: 21 Coram: 1
13

...." 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
14

...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
15

...reservation, such as platting or surveying, we must construe its grant most favorably for the grantee, and that it intended all that might pass by it. What will pass then by a grant bounded by a stream of water? At common law, this depended upon the character of the stream, or water. If it were a navigable stream, or water, the riparian proprietor extended only to high-water mark. If it were a stream not navigable, the rights of the riparian owner extended to the centre thread of...the fee of the plaintiff, as a riparian proprietor on the Mississippi River, extends to the middle thread of the stream, or only to the water's edge, is a question in regard to a rule of property..., substantially at rest. And this is so, independent of the size of the one or the other. The flowing rivulet of but a few inches in width is a stream as certainly as the Mississippi. And when lands are granted by the proprietor of both land and stream, bounding such grant upon the stream, the grantee, acquires right and title to the thread or...


Court: U.S. Supreme Court
Date: May 11, 1891 Cited By: 249 Coram: 4
16

...lands runs to the thread of the contiguous stream. 6. Waters: Boundaries: Words and Phrases. The thread, or center, of a channel...River. Anderson timely appealed, alleging that the court erred by not establishing the boundary at the thread of the stream, which he asserts is currently in the north channel of the Platte River. Defendants Dennis A. Cumpston...corresponded to the thread of the stream; that thereafter artificial structures and diversions led to sudden reductions and shifts in the flow of the stream resulting in the Platte River becoming a braided...


Court: Supreme Court of Nebraska.
Date: Mar 3, 2000 Cited By: 16 Coram: 1
17

...settled law of this state that a line running to the bank of a stream or to a stream which is non-navigable extends to the center or thread of the stream. There is no pretense that Rogue River is navigable...river, and for that reason the boundary remains the thread of the stream as it was in 1859. The witness Powell for plaintiffs testified that the description of the land owned by plaintiffs as made in 1859 embraced within plaintiffs' land one of the gravel-beds. A rule...: "When a road or stream of water not navigable is the boundary, the rights of the grantor to the middle of the road, or the thread of the stream, are included in the conveyance, except...


Court: Oregon Supreme Court.
Date: Oct 22, 1929 Cited By: 10
18

...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...strictly followed. Of course, when any part of a description is doubtful, it is subject, like other writings, to the general rules of construction, one of which is that where in fieldnotes there is a...


Court: Supreme Court of California
Date: Feb 15, 1898 Cited By: 0
19

.... 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...: The question as to the extent of the land granted by the United States under the patents to Lots 1 and 2 is exclusively a federal question to be determined in accordance with federal law...as Thief Slough; immediately west of Thief Slough lay the island now called Island 126. Both of these islands lay east of the thread of the river. Since 1848 the thread of the river has marked the...


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

.... 3. BOUNDARIES — EXTENT OF RIGHTS OF RIPARIAN OWNERS. — Appellants being riparian owners of land on a non-navigable stream their rights and title extend to the thread of the stream although the act fixing the boundary between the counties made the north bank of the river the line between them. 4. BOUNDARIES — PRESUMPTIONS. — In order to restrict title to the edge of a water...-navigable, the presumption is that the boundary line between owners of lands bordering on streams or watercourses is in the middle thread of the watercourse. When such lands are conveyed with the stream or watercourse described as a boundary...exception in the grant. It has been said that the abutting owner owns the bed of a non-navigable stream to the thread of the water, even though his land is nominally bounded by the margin of the stream...


Court: Supreme Court of Arkansas
Date: Dec 18, 1944 Cited By: 12 Coram: 1

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