Legal Opinion

Banks v. Ogden

Supreme Court of the United States

Decided February 18, 1865PublishedCited by 98 opinions

This was an ejectment brought to December Term, 1859, in the Circuit Court for the Northern District of Illinois, to recover a lot of ground,. A A, formed by accretion on the-western shore of Dake Michigan.

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This was an ejectment brought to December Term, 1859, in the Circuit Court for the Northern District of Illinois, to recover a lot of ground,. A A, formed by accretion on the-western shore of Dake Michigan. The case was thus :■ Kinzie, being owner in fee óf a fractional section of laud bounded, on the east by the said lake, and lying immediately north of the original, town of Chicago, made á subdivision of it in 1838, which he called Kinzie’s addition, and deposited a plat of it in the office of the county recorder, where. it was recorded in February, 1834: .though not in accordance with…

1Opinion of the Court

The CHIEF JUSTICE

delivered the opinion of the court, and, after stating facts, proceeded as follows:

The rule governing additions made to land, bounded by a river, lake, or sea, has been much discussed and variously settled by usage and by positive law. Almost all jurists and legislators, however, both ancient and modern, have agreed that the owner of the land, thus bounded, is entitled to these additions. By some, the rule has been vindicated on the principle of natural justice, that he who sustains the burden of losses and of repairs, imposed by the contiguity of waters, ought to receive…

2Cited by98 opinions

  1. Philadelphia Co. v. StimsonSupreme Court of the United States · 1912
  2. Jefferis v. East Omaha Land Co.Supreme Court of the United States · 1890
  3. Nebraska v. IowaSupreme Court of the United States · 1892
  4. White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
  5. California Ex Rel. State Lands Commission v. United StatesSupreme Court of the United States · 1982

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