Toledo Liberal Shooting Co. v. Erie Shooting Club
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Michigan. The Erie Shooting Club, the complainant below, is a shooting club incorporated under the law of Michigan. The object of the incorporation was to secure, hold, and protect suitable territory for hunting and fishing for the exclusive use of its members.
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Appeal from the Circuit Court of the United States for the Eastern District of Michigan. The Erie Shooting Club, the complainant below, is a shooting club incorporated under the law of Michigan. The object of the incorporation was to secure, hold, and protect suitable territory for hunting and fishing for the exclusive use of its members. In pursuance of this purpose, it has acquired by lease between three and four thousand acres of land, with the exclusive right to hunt and shoot thereon the wild game and fowl which might frequent said property. The lands thus secured belong in fee to its…
1Opinion of the CourtBurton, Circuit Judge
This decree must be affirmed. The contention that the waters covering the submerged part of the lands claimed under lease by the Erie Shooting Club are navigable, and therefore subject to the public right of navigation, is not supported by the evidence in this record. The fact that this so-called “bay” was surveyed and platted as swamp land by the government affords a strong presumption against the navigability of the water thereon. This survey was under the authority of the government, which subsequently conveyed the lands so platted to the slate of Michigan as swamp lands, under the act of…
2Cases cited8 opinions
- The Daniel BallSupreme Court of the United States · 1871
- Barney v. KeokukSupreme Court of the United States · 1877
- The MontelloSupreme Court of the United States · 1874
- Moore v. SanborneMichigan Supreme Court · 1853
- General v. WoodsMassachusetts Supreme Judicial Court · 1871
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3Cited by30 opinions
- Oklahoma v. TexasSupreme Court of the United States · 1922
- United States v. OregonSupreme Court of the United States · 1935
- Harrison v. FiteCourt of Appeals for the Eighth Circuit · 1906
- State v. Lake St. Clair Fishing & Shooting ClubMichigan Supreme Court · 1901
- State v. AdamsSupreme Court of Minnesota · 1957
25 more not listed; retrieve them via the Exa API.