Legal Opinion

Pacific Elevator Co. v. Portland

Oregon Supreme Court

Decided June 24, 1913PublishedCited by 55 opinions

From Multnomah: Bobert G. Morrow, Judge. Statement by Mr. Justice Bean. This is- a suit by the Pacific Milling & Elevator Company to restrain the City of Portland, the dock commission of said city and its members, from erecting a wharf on and in front of plaintiff’s premises below the line of ordinary high water in the Willamette Biver.

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From Multnomah: Bobert G. Morrow, Judge. Statement by Mr. Justice Bean. This is- a suit by the Pacific Milling & Elevator Company to restrain the City of Portland, the dock commission of said city and its members, from erecting a wharf on and in front of plaintiff’s premises below the line of ordinary high water in the Willamette Biver. The defendants appeal from a decree of the Circuit Court adjudging plaintiff to be the owner of the premises and of the wharfage rights in front thereof. Plaintiff avers that it is the owner and in the actual possession of the following described real estate,…

1Opinion of the CourtJustice Bean

The claims of the respective parties may be summarized as follows: Plaintiff' claims:(1) Title in fee by patent from the government and subsequent conveyances as to the westerly 100 feet, which plaintiff claims has always been above the ordinary high-water line, or is now above such line by reason of accretion.(2) Title in fee from the State of Oregon granted by acts of the legislature of 1874 and 1876, known *378as the tide land acts, and subsequent conveyance to a strip about 100 feet wide east of and adjacent to the above, being between the ordinary high-water line and low-water line as…

2Cases cited64 opinions

  1. Shively v. BowlbySupreme Court of the United States · 1894
  2. Boom Co. v. PattersonSupreme Court of the United States · 1879
  3. Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
  4. Pollard's Lessee v. HAGANSupreme Court of the United States · 1845
  5. Martin v. Lessee of WaddellSupreme Court of the United States · 1842

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3Cited by55 opinions

  1. Warren v. MARION COUNTYOregon Supreme Court · 1960
  2. Idaho Gold Dredging Co. v. BalderstonIdaho Supreme Court · 1938
  3. Lovejoy v. PortlandOregon Supreme Court · 1920
  4. Corvallis Sand & Gravel Co. v. State Land BoardOregon Supreme Court · 1968
  5. State Ex Rel. Kahn v. TazwellOregon Supreme Court · 1928

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