Patterson v. Overbey

Citations

• 117 Va. 345
• 84 S.E. 647
• 1915 Va. LEXIS 42

Syllabus

<p>1. Boundaries—Construction by Court—Extraneous Evidence.—If</p> <p>there is no ambiguity about a boundary line, it is the province of the court to construe it without the aid of extrinsic evidence.</p> <p>2. Boundaries—Stream and Courses—Stream to Prevail—Presump-</p> <p>tion.—Where a boundary is given, down a designated stream, with certain, courses and distances designated, the presumption is that the boundary is to follow the meanderings of the stream, although it departs from the courses and distances given, and, in case of non-navigable streams, it carries the line to the thread or center of the stream. It is not to be presumed that a grantor intended to leave, a narrow strip of ground between the water and the imaginary boundary line which would be of no use to the grantor, and likely to be a source of great annoyance to the grantee if it does not belong to him.</p>