Nix v. Pfeifer
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court. Thomas B. Martin, Judge. , Argued the facts at length, and that the evidence does not sustain the decree. The land in controversy is an island, and not an accretion to appellee’s property.
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Appeal from Pulaski Chancery Court. Thomas B. Martin, Judge. , Argued the facts at length, and that the evidence does not sustain the decree. The land in controversy is an island, and not an accretion to appellee’s property. A riparian owner upon a navigable stream, deriving title from the United States, takes only to the high-water mark and not to the middle of the stream, the title and the bed being in the State. 53 Ark. 314. As to meaning of “high water” see: 53 Ark. 322; 61 Ark. 435; 143 U. S. 359. Upon the title to accretions and appellant's right to the alleged accretion, see: 23 S. W.…
1Opinion of the CourtMcCulloch, J.
This controversy involves the title to a tract of land in Pulaski County lying north of the present channel of the Arkansas River and said to be formed by accretion. Pfeifer has the title to the fractional part of section 12, township 1 north, range 11 west, abutting on the north bank of the Arkansas River, according to the Government’s plats of the official survey in 1818, and brought suit against Nix in the chancery court, claiming title to the land in controversy as accretion to the tract in section 12, and prayed that the boundaries thereof be declared, and that Nix be restrained from…
2Cases cited12 opinions
- Nebraska v. IowaSupreme Court of the United States · 1892
- St. Louis v. RutzSupreme Court of the United States · 1891
- Cooley v. GoldenSupreme Court of Missouri · 1893
- St. Louis, Iron Mountain & Southern Railway Co. v. RamseySupreme Court of Arkansas · 1890
- City of Victoria v. SchottCourt of Appeals of Texas · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Thomason v. AbbottSupreme Court of Arkansas · 1950
- Chavis v. HenrySupreme Court of Arkansas · 1943
- Crow v. JohnstonSupreme Court of Arkansas · 1946
- Fort Smith & Van Buren Bridge District v. ScottSupreme Court of Arkansas · 1914
- Goforth v. WilsonSupreme Court of Arkansas · 1945
17 more not listed; retrieve them via the Exa API.