North American Dredging Co. v. Jennings

This suit was brought by appellants against appellees to enjoin them from taking oysters from that portion of Offatt’s bayou, in Galveston county, which is embraced within the boundaries of a grant from the state, under which appellants hold title to land in said bayou. It is unnecessary, for the purpose of this opinion, to set out the pleadings of appellants. The defenses set up in the court below are thus summarized in appellees’ brief:

“(a) That said Offatt’s bayou is, and always has been, an inlet or small bay, forming a part of the tidewaters of Galveston Bay and the Gulf of Mexico, and…