George C Bates Vs the Illinois Central Rail Road Company

Cover George C Bates Vs the Illinois Central Rail Road Company
George C Bates Vs the Illinois Central Rail Road Company
James F James Frederick Joy
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In these latter cases neither of them is the title affected, and in both cases it is for the same rea- son. The change is sudden the surface of the land is not chan- 16 gad or worn off which is the reason given by Justinian why the owner does not lose his land by inundation.
Institutes by Oooper, lib. 2, title 1, sec. 24.
These sudden changes occur on the coasts of England, where many of the manors extend to low water marks, and where there is a wide extent of marsh or flat land on the bor- der
... of the ocean. The manors having been granted to low water mark and this marsh land enclosed by a dike to keep the water out at high tides, sometimes these dikes are bro- ken down by the waves, and the water spreads over them, and sometimes is permitted to remain a long time, and the question has arisen whether such lands belong to the Crown, and it has been uniformly held not, and properly, according to the principles of law. Yet, as Lord Hale has no distinct chapter on inundations, but has put these cases under other heads, there is a little confusion, apparently, in his book, whereas these cases are rightly decided.

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