Parker v. Taylor
Oregon Supreme Court
Appeal from Clatsop County. In 1860, James Welch, deceased, purchased from John M. Shively and wife, lots 5 and 6 in block 134, .and lot 1 in block 135, in the town of Astoria. The lots so purchased were a part of «the donation land claim of Shively and wife. A portion of the lots on the south were above high water. They extended on the north into the Columbia river below low-water mark to the ships channel.
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Appeal from Clatsop County. In 1860, James Welch, deceased, purchased from John M. Shively and wife, lots 5 and 6 in block 134, .and lot 1 in block 135, in the town of Astoria. The lots so purchased were a part of «the donation land claim of Shively and wife. A portion of the lots on the south were above high water. They extended on the north into the Columbia river below low-water mark to the ships channel. The state claiming to own the land between high and low water, Welch afterwards, in 1876, purchased the state’s title to such portions of these lots and took its deed therefor. While the…
1Opinion of the Court
By the Court,
Boise, J.:
It is claimed that the court erred in overruling the demurrer to the amended complaint. As the appellants did not stand by their demurrer, they waived all the causes thereof, except that the complaint does not state facts sufficient to constitute a cause of suit. The questions presented in the complaint are matters within the jurisdiction of a court of equity. The complaint shows that the respondent is the owner of land immediately above high water, and of the adjoining tide lands, and claims that he has a right to build a wharf or wharves on these lands, and to extend…
2Cases cited4 opinions
- Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
- Banks v. OgdenSupreme Court of the United States · 1865
- Hinman v. WarrenOregon Supreme Court · 1877
- Lockwood v. New York & New Haven RailroadSupreme Court of Connecticut · 1870
3Cited by21 opinions
- Pacific Elevator Co. v. PortlandOregon Supreme Court · 1913
- Bowlby v. ShivelyOregon Supreme Court · 1892
- Lewis v. City of PortlandOregon Supreme Court · 1893
- Stevens v. City of Cannon BeachOregon Supreme Court · 1993
- State Ex Rel. State Land Board v. Corvallis Sand & Gravel Co.Oregon Supreme Court · 1978
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