Black v. American International Corp.

Citations

• 264 Pa. 260
• 107 A. 737
• 1919 Pa. LEXIS 632

Syllabus

<p>Waters — Rivers—Riparian owners — Low water mark — Boundaries — A ccretions.</p> <p>1. Below ordinary low water mark of a navigable river tbe ownership of the soil is in the Commonwealth.</p> <p>2. The title of an abutting riparian owner on a navigable river extends only to ordinary low water mark, subject to the rights of navigation, fishery and improvement of the river between ordinary high and low water marks.</p> <p>3. An abutting riparian owner on a navigable river has no right to fill in or obstruct the river between ordinary high and low water marks without express authority from the Commonwealth.</p> <p>4. An abutting riparian owner on a navigable river becomes the owner of the natural accretions to his land, resulting from the imperceptible deposits of alluvion along his riparian front, but he does not become the owner of land formed by the deposit of material on the river bottom either by him or with his knowledge or consent.</p> <p>Vendor and vendee — Action for purchase money — JEquity—Title —Hazard of litigation.</p> <p>5. An action for the purchase money of land is in effect a petition or bill for specific performance of the contract of purchase, and is governed by the same equitable principles.</p> <p>6. Neither by petition, bill nor action to recover purchase money, can a vendee be required to take a title which invites or exposes him to the hazard of litigation with an adverse claimant, even though upon the evidence produced the court cannot say the adverse claimant has a good title.</p>