Stolp v. Hoyt

Citations

• 44 Ill. 219

Syllabus

<p>1. Chancery—rvya/i'ian rights—when mil not interfere until after the right and its infringement—established at law. Where three persons, in possession respectively of certain lands, viz., A of those lying upon the east bank of a river, B of those lying upon the west bank, and C of an island in the center, made their respective entries for the same at the government land office on the same day, and which lands had been separately surveyed and purchased by them as distinct tracts, — held, in a suit in chancery brought by A against the others to settle their respective rigb ts to the use of the water bounding these grants, that a court of equity could not acquire jurisdiction in such case, to settle the legal rights of the respective parties to the water-course, until after the right and its infringement had been established in a court of law.</p> <p>2. Former decisions. The case of Bliss et al. v. Kennedy et al., 48 Ill. 67, cited iu support of this doctrine.</p> <p>3. Water-course—ri/parian proprietors—rights of, sufficiently certain to be determinable at law. That the rights of the respective parties in the water are sufficiently certain to be easily determined by a court of law for any infringement thereof by either.</p> <p>4. Same—boundaries. That, the mainland and the island having been separately surveyed and purchased by these parties respectively as distinct tracts, the grantees of the mainland cannot claim, that the island purchased at the same time by C was not reserved but included in the grant to them.</p> <p>5. Same. That, the grant to each being separate and distinct, neither can claim beyond the calls of his entry and patent. That C acquired the same riparian rights as A and B, two fila aqua being established, one on each side of the island.</p> <p>6. Same. In a grant of land lying on a stream not navigable, if there be a clear reservation of the islands, either expressly or by implication, they do not pass to the grantee, and the filum aguce which b