Switzler v. Earnheart
Oregon Supreme Court
From Umatilla: Gilbert W. Phelps, Judge. Statement by Mr. Justice McBride. This is a suit by John B. Switzler against F. E. Earnheart, to restrain defendant from interfering with plaintiff’s possession of certain lands situated upon Beavert Island in the Columbia River. The island in question is unsurveyed government land, and has been occupied for several years by different persons.
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From Umatilla: Gilbert W. Phelps, Judge. Statement by Mr. Justice McBride. This is a suit by John B. Switzler against F. E. Earnheart, to restrain defendant from interfering with plaintiff’s possession of certain lands situated upon Beavert Island in the Columbia River. The island in question is unsurveyed government land, and has been occupied for several years by different persons. In the year 1895 it was in the possession of M. D. Beavert, who improved it by planting a garden and putting several acres into alfalfa, and constructing a comfortable four-room dwelling house. In 1896 he sold…
1Opinion of the CourtJustice McBride
1. The land actually occupied and cultivated by plaintiff comprises about 80 acres, and is unsurveyed government land, separated from the land of defendant by a navigable slough or arm of the Columbia Eiver, and there is nothing in defendant’s contention that his line extended beyond this slough so as to include any portion of the land occupied by plaintiff.
Defendant’s boundary extended only to ordinary high-water mark of the stream, separating Beavert Island from the mainland: Oregon v. Portland General Electric Co., 52 Or. 502 (95 Pac. 722: 98 Pac. 160).
2. Neither was he entitled to take…
2Cases cited8 opinions
- Atherton v. FowlerSupreme Court of the United States · 1878
- Oregon v. Portland Gen. Elec. Co.Oregon Supreme Court · 1908
- Buxton v. TraverSupreme Court of the United States · 1889
- Gibson v. ChouteauSupreme Court of Missouri · 1867
- Boe v. ArnoldOregon Supreme Court · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Bradford v. DanielsenDistrict Court, D. Alaska · 1947
- Oregon Coal & Navigation Co. v. AndersonCourt of Appeals for the Ninth Circuit · 1913
- Russell v. HackingUtah Supreme Court · 1934