THALWEG

5 definitions found across Law Mind sources

THALWEGmain
Bouvier's Law Dictionary • 1928
An artificial boundary is one erected by man.. The ownership, in case of such boundaries, must, of course, turn mainly upon circumstances peculiar to each case; 5 Taunt. 20;.8 id. 138; 8 B. & C. 259; generally extending to the centre; 4 Hill, N. Y. 309; 6 Conn. 471. A tree standing directly on the line is the joint property of both proprietors; 12 N. H. 454; otherwise, where it only stands so near that the roots penetrate; 1 M. & M. 112; 2 Rolle 141; 2 Greenl. Ev. § 617. Land bounded on a highway ex- tends to the centre-line, though a private street; 8 Cush. 595; 1 Sandf, 323, 344; 26 Pa. 223: 87 Tenn. 522; 86 Ky. 101; 64 Hun 632; unless the description excludes the highway: 15 Johns. 454; 11 Conn. 60; 1 Allen 443; 8 Washb. R. P. 5th ed. *635. Boundaries are frequently denoted by monuments fixed at the angles. In such case the connecting lines are always pre- sumed to be straight, unless described to be otherwise; 16 Pick. 235; 6 T. B. Monr. 179; 8 Ohio 382; 1 McL. 519; 2 Washb. R. P. 5th ed. *632. A practical surveyor may testify whether, in his opinion, certain marks on trees, piles of stones, or other marks on the ground were intended as monuments of boundaries; 10 Weekly Notes of Cases (Pa.) 321 The following is the order of marshalling boundaries: first, the highest regard is had to natural boundaries; 100 N. C. 212; 75 Iowa 365; 121 Pa. 537; 35 Fed. Rep. 248; 71 Md. 9; 69 Tex. 445; second, to lifes actu- ally run and corners marked at the time of the grant; third, if the lines and courses of an adjoining tract are called for, the lines will be extended, if they are suffi- ciently established, and no other departure from the deed is required, preference be- ing given to marked lines; fourth, to courses and distances; 1 Greenl. Ev. § 301, n.; 49 Minn. 268. See 3 Murph. 82; 4 Hen. & M 125: 6 Wheat. 582; 8 Me. 61; 1 McL 518; 3 Rob. La. 171; 8 Pa. 154; 85 id. 117; 38 W. Va. 1; 145 Ill. 98. Courses and distances give way to monu- ments, but they must be of a permanent character, and the place where they are at the time of the conveyance must be satisfactorily located; 79 Cal. 54; 92 id. 623; 91 Mich. 29; 106 Mo. 231. When a description in a deed by metes and bounds conflicts with a description by reference to plats, the former governs; 76 Ia. 652. Parol evidence is often admissible to identify and ascertain the locality of monu- ments called for by a description; 13 Pick. 267; 19 id. 445; and whore the description is ambiguous, the practical construction given by the parties may be shown; 1 Metc. Mass. 378; 7 Pick. 274. Common reputation may be admitted to identify monuments, especially if of a public or quasi-public nature; 2 Washb. R. P. 5th ed. *636; 1 Greenl. Ev. § 145; Tayl. Ev. 144; 1 Hawks 116; 1 McL. 45, 518; 10 N. H. 43; 2 A. Κ. Marsh. 158; 9 Dana 322, 465; 1 Dev. 340; 6 Pet. 341; 8 Leigh 697; 3 Ohio 282. And see 10 S. & R. 281; 10 Johns. 377; 7 Gray 174; 5 E. & B. 166; 6 Litt. 9; 50 Tex. 371; 73 Mich. 259; 49 Minn. 268; 92 Cal. 623. On a conflict of boundaries between deeds from the same person, the one that was first executed controls; 10 Ky. L. Rep. 960. Where there are two conflicting monuments, and one corresponds with the courses and distances, that one should be taken and the other rejected as surplus- age; 118 Mo. 349. Lost Corner or Line. A "lost corner" or "line of a boundary" may be found by extending the line from the known or proven corners of the courses called for, until they come together and the point of intersection is the lost corner. 143 Ky 152, 136 S. W 150. It is a primary rule in establishing "lost corners" to go to known corners or the survey and reverse the calls, and in this way find or locate the lost corners. 143 Ky. 759, 137 S. W. 768. What are "boundaries" is a matter of law for the court; where they are, a matter of fact for the determination of the jury, under proper instructions from the court. 162 Ky 391, 172 S. W. 677 The determination of the bourdaries of the states of the Union is placed by the constitution in the supreme court of the United States; 12 Pet. 657; 4 How. 591; 11 Wall. 39. This position was taken by that court against the opinion of Chief Justice Taney, who held that a contro- versy between states, or between indi- viduals, in relation to the boundaries of a state, falls within the province of the court where the suit is brought to try a right of property in the soil, or any other right which is properly the subject of judi- cial cognizance and decision; but not a contest for rights of sovereignty and juris- diction between states over any particular territory. This he held to be a political question; 12 Pet. 752. All the cases of boundary disputes between states which arose prior to the constitution and were tried under the articles of confederation, by courts specially constituted by Con- gress, are collected in 131 U. S. Ápp. II. See UNITED STATES COURTS. Consult, generally, Washb. R. P.; 1 Greenl. Ev. §§ 145, 301; 28 A. L. Reg. 546.
THALWEGmain
Black's Law Dictionary (2nd Ed.) • 1910
Germ. A term used in topography to designate a line representing the deepest part of a continuous depression in the surface, such as a watercourse; hence the middle of the deepest part of the channe] of a river or other strenm. See Iowa v. Illinois, 147 U. S. 1, 13 Sup. Ct. 239, 37 L. Ed. 55; Keokuk & H. Bridge Co. v. People, 145 Ill. 596, 34 N. E. 482.
THALWEGmain
Bouvier's Law Dictionary • 1928
In International Law In definition of water boundaries between States, the middle or deepest or most naviga- ble channel. Often styled "fairway" or "midway" or "main channel." 202 U. S. 49.
THALWEGn.
Websters Unabridged Dictionary (1913) • 1913
A line following the lowest part of a valley, whether under water or not. The line of continuous maximum descent from any point on a land surface, or that cutting all contours and angles.
thalwegnoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
The line that connects the lowest points in a valley or river channel, and thus the line of fastest flow or deepest water along a river’s course.

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