Rockwell v. Baldwin

Citations

• 53 Ill. 19

Syllabus

<p>1. Bottkdaeies—upon watm- courses. The proprietor of land situated on a river or stream of water not navigable, is presumed to own to the centre thread of the stream.</p> <p>2. This is, however, but a presumption, for one man may own the bed of such stream and another may own the banks, and where, in a deed conveying land, the boundary is limited to the bank of the stream, instead of bounding it on or along the stream, the presumption must fail.</p> <p>3. So, where the boundaries in a deed for a tract of land situated on a stream, were “ to the west side of Cedar creek, thence down the west line of said creek to the north line of said quarter section,” &c., it was held, the boundary line on the creek was the bank of the stream, and excluded the stream itself.</p>