Houseman v. International Navigation Co.

Citations

• 214 Pa. 552
• 64 A. 379
• 1906 Pa. LEXIS 698

Syllabus

<p>Land, law — Islands—Warrant, survey and patent — Act of January 27, 1806, 4 Sm. L. 26S — Accretions.</p> <p>The act of January '27, 1806, conferred on the land office authority to issue a patent for an island in the Delaware river. It appeared in an action of ejectment to recover an interest in such island that a patent was issued in pursuance of the warrant and survey. The warrant recited that the application was made pursuant to the provisions of the act of 1806, for an island in the Delaware river “lying at the mouth of the Schuylkill, near the upper end of Fort Island;” that the board of property issued an order for its appraisal by three appraisers; that two of the appraisers had made a report that they had appraised the land at $2.00 per acre, a one-third part of which had been paid to the state treasurer. Held, that the warrant, survey and patent were prima facie evidence that the conditions of the act of 1806 had been fully observed by the officials of the land office, and that the plaintiff in the ejectment was not required to show by evidence dehors the warrant, survey and patent, that the island was a natural island, that it had a soil capable of cultivation, and that the appraisers had regard for the soil in making their appraisement.</p> <p>In such a case the presumption is that an officer performs his duty, and that his acts are regular and in conformity with the requirements of law. If the performance of any precedent act is necessary to the validity of the official act, there is a presumption in favor of his official act, which amounts to presumptive proof of the performance of the precedent act.</p> <p>Accretions or the gradual and imperceptible additions to an island become a part of the original land, and the title to the accretions is vested in the owner of the original island. If it is doubtful on conflicting testimony whether land in dispute is accretions to an original island, the question is one of fact for the jury.</p> <p>Ejectment — Evi