Brignall v. Hannah
North Dakota Supreme Court
From a judgment of tbe District Court of Cavalier County, Qooley, Special Judge, defendants, William Turnbull, Levi Bell, George Bell, and Samuel Connor, appeal. Tbe existence of a lake or fast dry land is a political question to be decided by tbe land department.
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From a judgment of tbe District Court of Cavalier County, Qooley, Special Judge, defendants, William Turnbull, Levi Bell, George Bell, and Samuel Connor, appeal. Tbe existence of a lake or fast dry land is a political question to be decided by tbe land department. Chapman & D. Land Co. v. Bigelow, 11 Ark. 338, 92 S. W. 534; Be California & O. Land Co. 21 Land Dec. 344; Be Goose Lake, 1 Land Dee. 527. These meandered lines form tbe boundary lines of tbe fractional section, and will not be considered as merely indicating tbe quantity of upland to be paid for, where tbe patents conveyed only tbe…
1Opinion of the CourtChristianson, J.
This is an action to quiet title to certain lands in Cavalier county which constituted a portion of the bed of a non-navigable body of water known as Rush lake* The land contiguous to Rush lake was surveyed by the United States government in 1884 and 1885, at which time the lake was meandered. The evidence clearly shows that the meander line around the lake followed closely to the water’s edge as it existed at the time of the survey. It appears that when the original survey was made there was a small island in the lake, which throughout the litigation was designated as Gordon’s island.' This…
2Cases cited24 opinions
- Hardin v. JordanSupreme Court of the United States · 1891
- Lamprey v. StateSupreme Court of Minnesota · 1893
- Mitchell v. SmaleSupreme Court of the United States · 1891
- Whitaker v. McBrideSupreme Court of the United States · 1905
- Hardin v. SheddSupreme Court of the United States · 1903
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3Cited by14 opinions
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- Roberts v. TaylorNorth Dakota Supreme Court · 1921
- State v. BraceNorth Dakota Supreme Court · 1949
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