Archer v. Greenville Sand & Gravel Co.
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OE APPEALS FOR THE FIFTH CIRCUIT. The facts, which involve the ownership of sand in the' bed of the Mississippi river within the, boundaries of the State of Mississippi, are stated in the opinion. This suit cannot be sustained in equity. Even if equitable jurisdiction exist, plaintiff has not such title to the sand and gravel dredged in the bed of the Mississippi River as will sustain the action.
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CERTIORARI TO THE CIRCUIT COURT OE APPEALS FOR THE FIFTH CIRCUIT. The facts, which involve the ownership of sand in the' bed of the Mississippi river within the, boundaries of the State of Mississippi, are stated in the opinion. This suit cannot be sustained in equity. Even if equitable jurisdiction exist, plaintiff has not such title to the sand and gravel dredged in the bed of the Mississippi River as will sustain the action. Plaintiff had a plain, adequate, and complete remedy at law, and there is no ground for equitable relief. Parties to a suit at law can now be summoned into court and…
1Opinion of the CourtJustice McKenna
Bill in equity to restrain respondent, herein called the Gravel Company, from trespassing upon the lands of petitioner, herein called plaintiff, and from taking sand and gravel therefrom. The bill also prayed for discovery of the amount, of gravel which had been taken and an accounting therefor.
The bill alleges the ownership of the lands by plaintiff and describes them by section, range and township and as “lying west of the levee along the river front . . . and fronting on the said Mississippi River,” excepting therefrom two strips 100 feet wide each. That lying .in the bed of the river in…
2Cases cited8 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- United States v. Chandler-Dunbar Water Power Co.Supreme Court of the United States · 1913
- Hardin v. JordanSupreme Court of the United States · 1891
- The Propeller Genesee Chief v. FitzhughSupreme Court of the United States · 1852
- Packer v. BirdSupreme Court of the United States · 1891
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3Cited by37 opinions
- Marshall v. New YorkSupreme Court of the United States · 1920
- Ryals v. PigottMississippi Supreme Court · 1990
- Culley v. Pearl River Industrial CommissionMississippi Supreme Court · 1959
- Wear v. Kansas Ex Rel. BrewsterSupreme Court of the United States · 1917
- Pike Rapids Power Co. v. Minneapolis, St. P. & S. S. M. R. Co.Court of Appeals for the Eighth Circuit · 1938
32 more not listed; retrieve them via the Exa API.