Crandall v. Allen
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Hon. E. L. Edwards, Judge. The court erred in refusing instructions numbered 1 and 2 as asked by defendant. That land formed by accretion belongs to the owner of the contiguous tract to which the accretion is made, is a fundamental principle. Land not originally riparian becomes so when the river has reached it by gradually washing away all the intervening land.
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Appeal from Cole Circuit Court. — Hon. E. L. Edwards, Judge. The court erred in refusing instructions numbered 1 and 2 as asked by defendant. That land formed by accretion belongs to the owner of the contiguous tract to which the accretion is made, is a fundamental principle. Land not originally riparian becomes so when the river has reached it by gradually washing away all the intervening land. Welles v. Bailey, 55 Conn. 292. And where the lot originally not riparian becomes so by such change of the river-bed, there attach to it all the incidents of riparian land. Welles v. Bailey, supra.…
1Opinion of the CourtGantt, P. J.
This is an action of ejectment for eight and eighteen-hundredths acres of land described by metes and bounds. Plaintiffs assert title to it as a part of the southeast fractional quarter of section 21, township 45, range 12, and defendant claims it as an accretion to lands he owns in section 28, in the same township and range, to-wit: the northwest quarter of the northeast quarter and west half of northeast quarter of northeast quarter of said section 28.
On the trial and in his answer, defendant admitted he was in possession of all the lands described in the petition, but disclaimed all title…
2Cases cited3 opinions
- Lamprey v. StateSupreme Court of Minnesota · 1893
- Naylor v. CoxSupreme Court of Missouri · 1893
- Kehr v. SnyderIllinois Supreme Court · 1885
3Cited by14 opinions
- Benne v. MillerSupreme Court of Missouri · 1899
- Cullen v. JohnsonSupreme Court of Missouri · 1930
- Rondesvedt v. RunningWisconsin Supreme Court · 1963
- Widdecombe v. ChilesSupreme Court of Missouri · 1903
- Waring v. StinchcombCourt of Appeals of Maryland · 1922
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