Brown v. Huger (1858)

Brown v. Huger (1858) 62 U.S. 305, was the highest authority for the general proposition that where a line is run to a point on a non-navigable stream, and thence up or down the stream, such description of the line implies that the line shall follow the stream ad medium filum aquae. The Supreme Court of the United States held that where a line is described as running in a certain direction to a river and thence up or down with the river, these words imply that the line is to follow the river according to its meanderings and turnings and in water courses not navigable, must be to the center of the stream. It has been held that the expressions "down the stream" and "up the stream" in the particular cases were equivalent to saying "with the meanders of the stream." The Supreme Court stated: "The patent itself could not be altered by evidence aliunde; but proof, as to the existence and character of the objects or subjects to which it was applicable, was regular and even necessary to give it effect."