Packer v. Bird
California Supreme Court
Appeal from a judgment of the Superior Court of Colusa County, and from an order refusing a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtThornton, J.
In this action the controversy relates to an island in the Sacramento River, in that portion of the river which is a navigable stream.
The plaintiff claims under a patent from the United *135States, issued on a confirmed Mexican grant. The land as granted was bounded by the Sacramento River, and lay on the west side of the river. The patent, by its terms, is also bounded by the river.
The contention of plaintiff is, that the land granted and patented to him being bounded by the river extends to the thread of the stream and includes the island.
We do not concur in this view. The river being navigable…
2Cases cited3 opinions
- Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
- Lux v. HagginCalifornia Supreme Court · 1886
- People v. Gold Run Ditch & Mining Co.California Supreme Court · 1884
3Cited by8 opinions
- State of California v. Superior Court (Lyon)California Supreme Court · 1981
- Callahan v. PriceIdaho Supreme Court · 1915
- State v. NolegsSupreme Court of Oklahoma · 1914
- Kinkead v. TurgeonNebraska Supreme Court · 1905
- Heckman v. SwettCalifornia Supreme Court · 1893
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