53 Pa. 477 | Pa. | 1867
The opinion of the court was delivered, by
The intention of the deed of grant and release from William Robinson, Jr., to the Commonwealth, is the pivot on which this case turns. The deed being founded upon the Acts of 25th February and 10th April 1826, providing for the construction of the Pennsylvania Canal, these laws furnish a proper key to the meaning of the parties to it. In Haldeman v. The Penna. Central Railroad Co., 14 Wright 425, it was determined that the land taken under the Act of 1826, for the permanent use of the canal, is held by the Commonwealth absolutely and in perpetuity. The Commonwealth being a corporation of the highest and most indestructible kind, her estate in the land is necessarily a fee simple. As noticed in the opinion then delivered, two kinds of occupation were plainly in view in the act; one permanent and continuing, and the other temporary and limited ; the former of the land occupied by the canal and its necessary works, and the latter of that required to be used only during the period of construction.
The act contemplated, also, two modes of acquiring title ; the first and preferable was by agreement for the purchase, use and occupation of the land; and the second, by a legal proceeding in case of disagreement or a legal incapacity of the owner. When
Guided by this general legislative intent, we can arrive at a proper interpretation of the deed in this instance. It was a form for general use, to be signed by the owners of different lands, and indicative therefore of the purpose to conform to the statute. After reciting the Acts of Assembly, it proceeds: “ Now, therefore, in consideration of the benefits which result to the community in general and to us in particular, and also in consideration of the sum of one dollar to us in hand paid by the said commissioners in behalf of the state, the receipt whereof is hereby acknowledged, we hereby, for ourselves and heirs, give, grant, cede and for ever transfer to the Commonwealth of Pennsylvania for the purpose aforesaid, the privilege of taking and using all the waters and watercourses rising, flowing or passing through our land, and also all the lands belonging to us which shall be necessarily occupied by the site of the said canal (excepting therefrom ground for a basin), and also by the site of the towing-paths, feeders,, aqueducts, spoil-banks and culverts connected therewith.” In this portion of the instrument there are two subjects of the grant, the one water and the other land. The language applied to the former is suited to its nature, which is incapable of absolute dominion. The qualified right therein is well expressed by the terms “ the privilege of taking and using.” But in the grant of the land the words privilege of taking and
But it is argued that the expression, for the purpose aforesaid, to wit, of a canal to be constructed at the expense of the state, defines the use, and the land reverts when the use ceases. We do not acquiesce in this view. This was one of the points decided in Haldeman v. The Pennsylvania Central Railroad Co. It was contained in the plaintiff’s first point, was negatived by the court below, and assigned for error here ; and, although not referred to in terms in the opinion delivered, it is covered by the judgment. It is a corollary of the main proposition, for an absolute and perpetual estate in the land is neither revocable nor reversionary. The Commonwealth did not pay a pecuniary compensation to the grantor, but she did what is an equivalent — she expended her means in an improvement, which, in the language of the deed, benefited the grantor in particular, and the community in general. No one was more benefited than this grantor, whose fortunes, wrecked by the reverses following the war of 1812, were retrieved by the canal policy projected in the Act of 1826. His'lands, then but ordinary farming ground, within the recollection of the writer of this opinion, are now the site of a prosperous city teeming with population, business and wealth. The Commonwealth embarked her fortunes in the then favorite, but untried system of canals. The consideration is as valid, therefore, as though money had moved from her directly to those who conveyed their lands in aid of the project, and for the benefit of themselves as well as of all.
More than a generation has passed away, but all the expected benefits have been realized by the grantor himself, while the stimulus of that act has given an'impulse to growth and pros
The judgment of the court below is therefore affirmed.