Legal Opinion

State ex rel. Cates v. West Tennessee Land Co.

Tennessee Supreme Court

Decided April 15, 1913PublishedCited by 20 opinions

PROM OBION. Appeal from Chancery Court of Obion County to the Court of Civil Appeals, and by certiorari from the Court of Civil Appeals to the Supreme Court. — C. P. McKin-^ ney, Chancellor. ■., ^

1Opinion of the CourtJustice Lansden

In the view which we take of this case, it is not necessary to, make an extended statement of the pleadings, or to discuss the questions presented upon the demurrer to the bill. The only question for determination is whether Reelfoot Lake is a navigable body of water in the technical legal sense of that term. If it is, we think it is beyond dispute upon the authorities that neither the waters nor the lands underlying them are. capable ' of private ownership. If it is not, and is navigable only in the common or ordinary acceptation of the term, then both the waters and the lands underlying…

2Cases cited13 opinions

  1. Shively v. BowlbySupreme Court of the United States · 1894
  2. The Daniel BallSupreme Court of the United States · 1871
  3. The Propeller Genesee Chief v. FitzhughSupreme Court of the United States · 1852
  4. The MontelloSupreme Court of the United States · 1874
  5. Moore v. SanborneMichigan Supreme Court · 1853

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3Cited by20 opinions

  1. Gary Arnett v. Gary T. Myers, Executive Director of the Tennessee Wildlife Resources AgencyCourt of Appeals for the Sixth Circuit · 2002
  2. Jamie Hamilton v. Gary T. Myers, Executive Director of the Tennessee Wildlife Resources AgencyCourt of Appeals for the Sixth Circuit · 2002
  3. Arizona Center for Law in the Public Interest v. HassellCourt of Appeals of Arizona · 1992
  4. Coastal Industrial Water Authority v. W. D. YorkTexas Supreme Court · 1976
  5. Bohn v. AlbertsonCalifornia Court of Appeal · 1951

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