McManus v. Carmichael
Supreme Court of Iowa
Appeal from the Scott District Court. This was an action of trespass, for taking two loads of sand from tbe soil of tbe plaintiff, McManus. Tbe locus in quo is in Scott county, and in tbe Mississippi river. Tbe river, at tbis part of it, and for nearly thirty miles, runs nearly from east to west. In tbe middle of tbe river is Credit island, containing about two hundred and sixty acres.
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Appeal from the Scott District Court. This was an action of trespass, for taking two loads of sand from tbe soil of tbe plaintiff, McManus. Tbe locus in quo is in Scott county, and in tbe Mississippi river. Tbe river, at tbis part of it, and for nearly thirty miles, runs nearly from east to west. In tbe middle of tbe river is Credit island, containing about two hundred and sixty acres. Between Credit island and tbe main land,'on tbe north, or Iowa side, is a very small island, called Crane island, con-' taming about seven acres. Off tbe east end of Credit island (it being up stream), is…
1Opinion of the Court
Woodward, J.(1)
This is the first case which has arisen in the territory, or state, of Iowa, raising the question of riparian rights on the Mississippi river; and the question whether that river is a navigable stream, in the broad sense, or only in a limited one; and whether its shores or bed, or both, belong to individuals, or to the public ? The cause might be disposed of briefly, but it calls for a somewhat free and full examination, on account of its interest and importance ; on account of the fullness with which it has been presented by counsel, arraying tbe autborities from all the…
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3Cited by79 opinions
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- Human Rights Commission v. Cheney School District No. 30Washington Supreme Court · 1982
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