Benson v. Morrow
Supreme Court of Missouri
Error to Osage County Circuit Court. Plaintiff acquired title to all alluvion, whether formed by accretion or avulsion, if permitted to cement to plaintiff’s islands. (3 Wash. Real Prop., 59; Ang. Wat. Cours., 60; Trustees, &c. vs. Dickerson, 9 Cush., 454; 5 Pet., 467 ; Ang. Wat. Cours., 54.) The second instruction asked by the defendant should have been refused.
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Error to Osage County Circuit Court. Plaintiff acquired title to all alluvion, whether formed by accretion or avulsion, if permitted to cement to plaintiff’s islands. (3 Wash. Real Prop., 59; Ang. Wat. Cours., 60; Trustees, &c. vs. Dickerson, 9 Cush., 454; 5 Pet., 467 ; Ang. Wat. Cours., 54.) The second instruction asked by the defendant should have been refused. Aichough the Missouri River is, by act of congress, declared a "‘common highway,” and in fact navigable, it is not in law a navigable stream. Hence, it does not follow that an unsurveyed island is the property of the United States.…
1Opinion of the CourtNapton, Judge
The plaintiffs in this ejectment suit were owners of three islands in the Missouri River, numbered 53, 54 and 55, and sued to recover possession of certain lands which were alleged to be accretions to one or two of said islands by alluvion.
The facts are not stated, nor the evidence — but it is stated that evidence was offered in support of the theories maintained by each side in the instructions offered.
The three islands, belonging to plaintiffs, were located in the river in the order of their number, No. 53 being the uppermost and No. 55 being the lowest down stream. The plaintiff’s claimed…
2Cases cited1 opinion
- Smith v. St. Louis Public SchoolsSupreme Court of Missouri · 1860
3Cited by47 opinions
- Fowler v. WoodSupreme Court of Kansas · 1906
- Campbell v. Laclede Gas Light Co.Supreme Court of Missouri · 1884
- Hecker v. BleishSupreme Court of Missouri · 1928
- Buse v. RussellSupreme Court of Missouri · 1885
- Naylor v. CoxSupreme Court of Missouri · 1893
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