Herrold v. Case

The trial court sustained a demurrer to plaintiffs’ complaint. This is an appeal from a judgment dismissing plaintiffs’ action.

The question, determinative of this decision, is whether the plaintiffs have capacity to maintain this action under .the facts alleged.

The facts, as we state them, appear in the complaint.

*913In the summer of 1950, the plaintiffs, husband and wife, each applied to defendant Jack Taylor, commissioner of public lands, for a lease on less than forty acres of certain land, lying below extreme low tide in the bed of navigable waters, to be used to plant and cultivate oysters.…