Marks v. Whitney

Opinion

McCOMB, J.

This is a quiet title action to settle a boundary line dispute caused by overlapping and defective surveys and to enjoin defendants (herein “Whitney”) from asserting any claim or right in or to the property Of plaintiff Marks. The unique feature here is that a part of Marks’ property is tidelands acquired under an 1874 patent issued pursuant to the Act of March 28, 1868 (Stats. 1867-68, ch. 415, p. 507); a small portion of these tidelands adjoins almost the entire shoreline of Whitney’s upland property. ■ Marks asserted complete ownership of the tidelands and the right to…