Hayes's v. Bowman

Where laud is conveyed which is bounded by a water-course not navigably such conveyance carries with it the title to a moiety of the bed of the watercourse.

Appeal from the Staunton chancery court. The case was in substance as follows: Bowman purchased of Hayes and Bumgardner, a tract of land lying on the South river, near Waynesborough, on which there was a valuable mill-seat. The deed from Hayes and Bumgardner to Bowman, conveys the land to the « middle of the river.” This tract had formerly belonged to Estill, being part of a larger tract lying on both sides of the river. Estill conveyed the land in question to trustees, describing it as “ lying on the west side of the iSouth river, and bounded by the river,” &c. The land being sold under this deed of trust, Hayes and Bumgardner became the purchasers, and the trustees conveyed to them, to the middle of the river ; and they conveyed to Bowman, as before-mentioned, by the same description. Bowman gave his bonds to Hayes and Bumgardner for the purchase money; which were assigned to other persons. Bowman applied to the county court of Augusta for leave to build a mill and erect a dam across the river; but was opposed on the ground, that no part of the bed of the river was either in him or the commonwealth. It w as contended, that although Hayes and Bumgardner had conveyed to him one-half of the bed of the river, no part of it bad been conveyed by Estill to them. This controversy was depending at the time of Bowman’s filing his bill. Suits were brought against Bowman on his bonds for the purchase money, which had been assigned by Hayes and Bumgardner to various persons •, and judgments were obtained. Bowman filed a bill of injunction to arrest the judgments, and made Hayes and Bumgardner, and the assignees of the bonds, defendants. The injunction was granted. The several defendants then filed their answers, alleging various grounds of equity, which, as they are not noticed in the decision of this court, it is unnecessary to mention. The chancellor decreed, that the injunction should be dissolved as to the defendant Moffitt, (one of the assignees) the complainant having waived his equity, if he had any against him : that, as to the defendant Ramsay, (another of the assignees,) he must submit to whatever equity attached to his bond in the hands of Hayes and Bumgardner, the original obligees ; and the complainant being entitled to recover of them, whatever damage he may have sustained by the loss of his mill-seat in consequence of the defect of title in any part of the bed of the water-course, an issue at law was directed, to ascertain the damage which Bowman had sustained by the defect in his title to one-half of the bed of the water-course aforesaid. The jury returned a verdict, that Bowman had sustained damage to the amount of g 2000, by reason of the defect in his title above-mentioned. The court decreed, that the injunction as to Ramsay, should be made perpetual, and his bond for 144Í. delivered up to be cancelled,* and that the representative of James Hayes, (who had died,) and Jacob Bumgardner, should pay to the plaintiff $ 1,216, that being the balance of damages assessed by the jury, after deducting therefrom, the aforesaid sum of 144Í., with interest thereon, from the time when it was due. The defendants appealed to this court.