Kansas v. Meriwether
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Kansas. Interpleader between the State of Kansas and Hunter M. Meri-wether and others. Decree in favor of Meriwether, and the State appeals. The question presented by this record is whether Meriwether or the state of Kansas is entitled to the sum of $22,000 resulting from a condemnation for the use of a railroad company of a tract of land situated in Wyandotte -county, Kan.
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Appeal from the Circuit Court of the United States for the District of Kansas. Interpleader between the State of Kansas and Hunter M. Meri-wether and others. Decree in favor of Meriwether, and the State appeals. The question presented by this record is whether Meriwether or the state of Kansas is entitled to the sum of $22,000 resulting from a condemnation for the use of a railroad company of a tract of land situated in Wyandotte -county, Kan. The case has- been here before and is reported in 96 C. C. A. 281, 171 Fed. 39, to which reference can be made for some facts deemed unnecessary to be…
1Opinion of the CourtAdams, Circuit Judge
(after stating the facts as above). Some argument is made by counsel for Meriwether that the land was washed away by a great storm or flood which lashed the shore, tore away the land, and made a sudden and immediate change in the channel of the river. It is contended that this constituted an avulsion which, notwithstanding the fact that the lower remaining land became the bed of the river and remained so for 20 years, did not vest title in the state, but left it, and its upper surface when restored, the property of the original owner. Assuming the facts to be as just stated, the proposition…
2Cases cited14 opinions
- Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
- County of St. Clair v. LovingstonSupreme Court of the United States · 1874
- Fowler v. WoodSupreme Court of Kansas · 1906
- Saunders v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894
- Steers v. . City of BrooklynNew York Court of Appeals · 1885
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3Cited by9 opinions
- Brainard v. StateTexas Supreme Court · 2000
- United States v. WilsonDistrict Court, N.D. Iowa · 1981
- Stark v. MeriwetherSupreme Court of Kansas · 1917
- Jackson v. United StatesCourt of Appeals for the Ninth Circuit · 1932
- City of Waukegan, Ill. v. National Gypsum Co.District Court, N.D. Illinois · 2008
4 more not listed; retrieve them via the Exa API.