Kean v. Calumet Canal Co., 190 U.S. 452 (1903)

Kean v. Calumet Canal and Improvement Company


No. 8


Argued January 9, 12, 1903
Decided May 4, 1903
190 U.S. 452

ERROR TO THE SUPREME COURT
OF THE STATE OF INDIANA

Syllabus

The common law, as understood by this Court, and the local law of Indiana as to the effect of conveyances of land bordering on nonnavigable waters are the same.

Where the State of Indiana acquired land from the United States under the Swamp Land Act of September 28, 1850, the patent describing the whole of certain fractional sections enumerated and bordering on nonnavigable water between Indiana and Illinois, it acquired all the land under water up to the line of the state, such being the local law of Indiana. The making of a meander line has no certain significance, and does not necessarily import that the tract on the other side of it is not surveyed or will not pass by a conveyance of the upland shown by the plat to border on the lake. Hardin v. Jordan, 140 U.S. 371; Mitchell v. Smale, 140 U.S. 406, followed.

The case is stated in the opinion of the Court.