MacLeay Estate Co. v. Gold Beach Packing Co.

This is a suit to restrain the defendants from maintaining a wharf on lands alleged to belong to plaintiff. From a decree in favor of defendants, plaintiff has appealed. The complaint was predicated upon the allegation that plaintiff was the owner of the land on which the wharf is constructed, but in Macleay Estate Company v. Curry County, 127 Or. 356 (272 P. 263), which suit involved the question of whether the Port Orford-Ellensburg road was a duly laid out and established county road, it was decreed to be a county road and it was held in that case that the road extended to the waters of…