Tyrrell Gravel Co. v. Carradus

Plaintiff, Tyrrell Gravel Company, sued defendants, Dean and M. Frances Carradus, for a declaratory judgment. Plaintiff sought a declaration that it had a property interest in fish that were contained in man-made bodies of water on real property that plaintiff had conveyed to defendants. The trial court granted summary judgment in defendants’ favor on the grounds that (1) the fish were part of the real property; and (2) Tyrrell had abandoned the fish.

For the purposes of this appeal, we take the following allegations in the plaintiff’s pleadings as true. On December 30, 1983, plaintiff entered…