Whitaker v. McBride
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF NEBRASKA. This was an action commenced on June 27, 1898, in the District Court of' Buffalo County, Nebraska, and terminated by a decision of the Supreme Court of the State. 65 Nebraska, 137. The facts found by the District Court are that McBride and Killgore were respectively the owners and in possession of tracts of land bordering on the Platte River, one on the north and the other on the south side thereof.
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ERROR TO THE SUPREME COURT OF THE STATE OF NEBRASKA. This was an action commenced on June 27, 1898, in the District Court of' Buffalo County, Nebraska, and terminated by a decision of the Supreme Court of the State. 65 Nebraska, 137. The facts found by the District Court are that McBride and Killgore were respectively the owners and in possession of tracts of land bordering on the Platte River, one on the north and the other on the south side thereof. Between these two tracts and in the main channel of the Platte River is an island, containing about twenty-two acres. This island had been in…
1Opinion of the Court
Mr. Justice Brewer,
after making the foregoing state-, ment, delivered the opinion of the court.. The decision qf the Supreme Court of the State was that the owner of lands bordering on a river owns to the center of the channel, and takes title to any small bodies of land on his side of the channel that have not been surveyed or sold by the Government. It is the settled rule that the question of the title of a riparian owner is one of local law. In Hardin v. Jordan, 140 U. S. 371, the matter was discussed at some length, the authorities cited, and the conclusion thus stated by Mr. Justice…
2Cases cited13 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Hardin v. JordanSupreme Court of the United States · 1891
- Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
- St. Anthony Falls Water Power Company v. St. Paul Water Commissioners; Minneapolis Mill Company v. SameSupreme Court of the United States · 1897
- Horne v. SmithSupreme Court of the United States · 1895
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3Cited by77 opinions
- Oklahoma v. TexasSupreme Court of the United States · 1922
- United States v. OregonSupreme Court of the United States · 1935
- Scott v. LattigSupreme Court of the United States · 1913
- United States v. Chandler-Dunbar Water Power Co.Supreme Court of the United States · 1908
- Producers Oil Co. v. HanzenSupreme Court of the United States · 1915
72 more not listed; retrieve them via the Exa API.