Pacific Coast Co. v. James
District Court, D. Alaska
In 1881, a man by the name of M. W. Murry filed a location notice, on a wharf site bn the Juneau water front, and shortly afterwards the miners in and around Juneau passed a resolution approving the location. In 1881 the construction of a wharf was begun; and in 1882 the wharf was completed. There is ho evidence that Murry built the wharf, or had anything to do with its building, or that any consent from Murry was obtained.
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In 1881, a man by the name of M. W. Murry filed a location notice, on a wharf site bn the Juneau water front, and shortly afterwards the miners in and around Juneau passed a resolution approving the location. In 1881 the construction of a wharf was begun; and in 1882 the wharf was completed. There is ho evidence that Murry built the wharf, or had anything to do with its building, or that any consent from Murry was obtained. In fact, Murry seems to have vanished for several years, and it was only in 1898 that plaintiff acquired whatever rights Murry had, if, indeed, he had any. Certain it is,…
1Opinion of the Court
JENNINGS, District Judge.
What, then, was the legal status in 1900 of the tideland in controversy?
Plaintiff claims that it then belonged to it. The basis of plaintiff’s claim is this:(a) Plaintiff claims that the land in dispute belonged to it because by the act of May 17, 1884, it was provided that Indians or Others should not be disturbed in the possession of lands then in their actual use or occupation, or claimed by them.
One may use or occupy lands and yet not claim them; one may claim lands and yet not use or occupy them. I think the last “or” in that statute must be read as “and,” for…
2Cases cited2 opinions
- Sutter v. HeckmanDistrict Court, D. Alaska · 1901
- Wilcox v. New York, N. H. & H. R.U.S. Circuit Court for the District of Southern New York · 1897
3Cited by3 opinions
- Lott v. Muldoon Road Baptist Church, Inc.Alaska Supreme Court · 1970
- William W. Karvonen v. John DyerCourt of Appeals for the Ninth Circuit · 1958
- Lott v. Muldoon Road Baptist Church, Inc.Alaska Supreme Court · 1970