Wallace v. Driver
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court. James E. Riddick, Judge. This was an action in ejectment, brought by the appellee, James D. Driver, against the appellant, D. W. Wallace, for recovery of a portion of the lands situated in a fractional quarter section of land lying along the banks of the Mississippi river.
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Appeal from Mississippi Circuit Court. James E. Riddick, Judge. This was an action in ejectment, brought by the appellee, James D. Driver, against the appellant, D. W. Wallace, for recovery of a portion of the lands situated in a fractional quarter section of land lying along the banks of the Mississippi river. The answer set up a general denial; also the special plea that the land held by defendant was the property of the State of Arkansas, by reason of having been formed in the bed of the Mississippi river. The agreed statement of facts is as follows : “The NW. fr. i section 30, in T. 13 N.…
1Opinion of the CourtBattle, J.
^The water boundaries of land on running streams, whatever they may be in the beginning, whether the thread of the stream, the water’s edge, ordinary high -or low water mark, always remain the same when they change gradually, as by the process of accretion or attrition. They gradually shift as the water recedes or encroaches; and the area of the riparian owner’s possession varies as they change by thi^/y process. Whatever constituted them at first still cori^ stitutes them so long as it remains permanent or shifts gradually and imperceptibly. Hence, land formed by alluvion, or the gradual and…
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- Jefferis v. East Omaha Land Co.Supreme Court of the United States · 1890
- Nebraska v. IowaSupreme Court of the United States · 1892
- St. Louis v. RutzSupreme Court of the United States · 1891
- St. Louis, Iron Mountain & Southern Railway Co. v. RamseySupreme Court of Arkansas · 1890
- Dunlap v. StetsonU.S. Circuit Court for the District of Maine · 1827
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3Cited by31 opinions
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