Heine v. Roth
District Court, D. Alaska
This is an application for equitable relief to abate a nuisance created by defendant by the erection of buildings upon the shore of the Chena river, which is admitted to be a navigable stream, between high and low water marks, and in front of plaintiff’s homestead.
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This is an application for equitable relief to abate a nuisance created by defendant by the erection of buildings upon the shore of the Chena river, which is admitted to be a navigable stream, between high and low water marks, and in front of plaintiff’s homestead. The complaint alleges and the proofs' show that plaintiff was a qualified homesteader, and in the month of April, 1903, he settled upon that tract of land described in the pleadings as Garden Island, containing less than 35 acres, and lying immediately across the Chena river from the town of Fairbanks. That the land was vacant and…
1Opinion of the Court
WICKERSHAM, District Judge.
Objection is made by defendant that the complaint does not state facts sufficient to give the court jurisdiction to enter a decree for plaintiff. It alleges plaintiff’s citizenship, his entry of Garden Island as a homestead, the making, filing, and recording of notice thereof, and that his homestead is bounded on the south and west by the Chena river, which is admitted to be a navigable stream. It alleges the subsequent entry of Roth upon the*shore of the Chena river along the south boundary, between plaintiff’s homestead and the river, and the erection of the…
2Cases cited18 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Belk v. MeagherSupreme Court of the United States · 1881
- In Re LennonSupreme Court of the United States · 1897
- Marquez v. FrisbieSupreme Court of the United States · 1879
- Hastings & Dakota Railroad v. WhitneySupreme Court of the United States · 1889
13 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bartels Northern Oil Co. v. JackmanNorth Dakota Supreme Court · 1915
- Bermudez v. Virgin Islands Telephone Corp.Superior Court of The Virgin Islands · 2011
- Thompson v. PeltonDistrict Court, D. Alaska · 1912
- Bradford v. DanielsenDistrict Court, D. Alaska · 1947
- Steele v. Tanana Mines Ry. Co.District Court, D. Alaska · 1905