Packer v. Bird

Citations

• 137 U.S. 661
• 11 S. Ct. 210
• 34 L. Ed. 819
• 1891 U.S. LEXIS 2055

Syllabus

<p>The undoubted rule of the common law that the title of owners of land bordering on navigable rivers above the ebb and flow of the tide extends to the middle of the stream, having been adopted in some of the States, and not being recognized in other States, Federal Courts must construe grants of the general government without reference to the’ rules of construction adopted by the States for such grants by them.</p> <p>Whatever incidents or rights attach to the ownership of property conveyed by the United States bordering on navigable streams, will be determined by the States in which it is situated, subject to the limitation that their rules do not impair the efficacy of the grant, or the use and enjoyment of the property by the grantee.</p> <p>The legislation of Congress for the survey of the public lands recognizes the general rule as to the public interest in waters of navigable streams without reference to the existence or absence of the tide in them.</p> <p>The highest court of California having decided that the Sacramento river being navigable in fact, a title upon it extends no farther than to the edge of the stream, this court accepts that decision as expressing the law of the State.</p> <p>The plaintiff claimed land in California under a Mexican grant which was confirmed by a decree of the District Court of the United States for the Northern District of California, in which the land was described as follows: “ Commencing at the northerly boundary of said rancho, at a point on the Sacramento River just two leagues northerly from the rancheria called Lojot, and running southerly on the margin of said river to a point,” etc. The survey under that decree was incorporated into the patent, and described the eastern boundary of the tract as commencing at a pertain oak post “ on the right bank of the Sacramento River,” .and thence “traversing the right bank of the Sacramento River down stream ” certain courses and distances. Held, that the title under this patent