Roberts v. Taylor
North Dakota Supreme Court
Action in District Court, Ramsey County, Kneeshaw, J., to determine adverse claims concerning tbe land of a lake bed. The defendants have appealed from a judgment in favor of the plaintiff and demand a trial de novo. “The true test therefore, to be applied in such cases is, whether the stream is inherently and in its nature capable of being used for the purpose of commerce, for the floating of vessels, boats, rafts and logs.”
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Action in District Court, Ramsey County, Kneeshaw, J., to determine adverse claims concerning tbe land of a lake bed. The defendants have appealed from a judgment in favor of the plaintiff and demand a trial de novo. “The true test therefore, to be applied in such cases is, whether the stream is inherently and in its nature capable of being used for the purpose of commerce, for the floating of vessels, boats, rafts and logs.” Moore v. Sanborn, 2 Mich. 520; Drown v. Chadbourne, 31 Me. 9; Lamprey v. State, 18 L.R.A. 078, 53 N. W. 1143. Water must control riparian rights. Lamprey v. State,…
1Opinion of the CourtBronson, J.
Statement. This is an action to determine adverse claims concerning land of a lake bod. The lauds involved abut upon Sweetwater lake in Ramsey county and were meandered by the United States Governmental survey in 1883. The bod of this lake in controversy is located in section 36, a school section and contains upwards of 400 acres. Exhibit A, attached, is a rough plat of a portion of the lake. It shows the lands of the parties adjacent to tho controverted lake bed, and also, roughly, a constructed fence, and the present shore lines of the North and South lake after recession of the waters. The…
2Cases cited9 opinions
- Donnelly v. United StatesSupreme Court of the United States · 1913
- Lamprey v. StateSupreme Court of Minnesota · 1893
- Moore v. SanborneMichigan Supreme Court · 1853
- Palmer v. MulliganNew York Supreme Court · 1805
- Bigelow v. DraperNorth Dakota Supreme Court · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- People Ex Rel. Baker v. MacKCalifornia Court of Appeal · 1971
- Kim-Go, H.K. Minerals, Inc. v. J.P. Furlong Enterprises, Inc.North Dakota Supreme Court · 1990
- J.J.N.P. Co. v. State Ex Rel. Division of Wildlife ResourcesUtah Supreme Court · 1982
- Parks v. CooperSouth Dakota Supreme Court · 2004
- Hitchings v. Del Rio Woods Recreation & Park DistrictCalifornia Court of Appeal · 1976
14 more not listed; retrieve them via the Exa API.