Ulbright v. Baslington
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. Robert N. Dunn, Judge. Action to determine the right to a certain tract of land along the waterfront of Mud Lake lying between the meander line and the water line. Judgment for the plaintiff and intervenor Wright appealed. When water of lake, whether navigable or not, recedes and land is left dry, such land belongs to riparian owners from whose shore the water has receded.
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APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. Robert N. Dunn, Judge. Action to determine the right to a certain tract of land along the waterfront of Mud Lake lying between the meander line and the water line. Judgment for the plaintiff and intervenor Wright appealed. When water of lake, whether navigable or not, recedes and land is left dry, such land belongs to riparian owners from whose shore the water has receded. (Warren v. Chambers, 25 Ark. 120, 91 Am. Dec. 538, 4 Am. Rep. 23; Mitchell v. Smale, 140 U. S. 406, 11 Sup. Ct. 819, 840, 35 L. ed.…
1Opinion of the CourtAilshie, J.
This action was instituted by the respondent, Amel Ulbright, against George Baslington, who is also a respondent in this court, for the recovery of the possession of what plaintiff termed in his complaint, “All of fractional section 7 in township 51 north of range 5 west, Boise Meridian, ’ ’ and damages for the withholding of the possession thereof, as well as for the rents, issues and profits. Baslington filed his answer, alleging possession and ownership of the lands, and thereafter and by order -of the court, the appellant herein, James H. Wright, was allowed to intervene. The intervenor…
2Cases cited7 opinions
- Hardin v. JordanSupreme Court of the United States · 1891
- Gouverneur v. National Ice Co.New York Court of Appeals · 1892
- Johnson v. JohnsonIdaho Supreme Court · 1908
- Johnson v. HurstIdaho Supreme Court · 1904
- Hanson v. RiceSupreme Court of Minnesota · 1903
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3Cited by11 opinions
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- Smylie v. PearsallIdaho Supreme Court · 1969
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- Northern Pacific Railway Co. v. HirzelIdaho Supreme Court · 1916
- Smith v. LongIdaho Supreme Court · 1955
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