Legal Opinion

Serrin v. Grefe

Supreme Court of Iowa

Decided October 21, 1885PublishedCited by 8 opinions

Appeal from Polk Circuit Court. Action to recover the value of certain ice taken from the Des Moines river at a place where plaintiffs owned the land upon the adjacent banks. The circuit court instructed the jury to find for defendant, on the ground that plaintiffs held title to the land only to high-water mark, and that the title to the land covered by the stream between the lines of high water upon both banks is in the state.

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Appeal from Polk Circuit Court. Action to recover the value of certain ice taken from the Des Moines river at a place where plaintiffs owned the land upon the adjacent banks. The circuit court instructed the jury to find for defendant, on the ground that plaintiffs held title to the land only to high-water mark, and that the title to the land covered by the stream between the lines of high water upon both banks is in the state. A verdict in accord with this instruction was returned, and judgment thereon rendered. Plaintiffs appeal.

1Opinion of the Court

Beck, Ci-i. J.

I. The 'facts as shown by the pleadings and proof, briefly yet sufficiently stated, are as follows: (1) The assignee of plaintiffs hold title to certain lands situated upon the Des Moines river above the Raccoon forks, in the city of Des Moines. (2) The patents for the lands issued by the government describe them according to the government surveys as lots or fractions of sections. Each patent specifies the number of acres of land covered by it. (3) The Des Moines river was by the government surveys “ meanderedthat is, the banks of the river were surveyed, and the lines thereof…

2Cases cited3 opinions

  1. Barney v. KeokukSupreme Court of the United States · 1877
  2. Wood v. FowlerSupreme Court of Kansas · 1882
  3. Wood v. C., R. I. & P. R.Supreme Court of Iowa · 1883

3Cited by8 opinions

  1. Board of Park Commissioners v. TaylorSupreme Court of Iowa · 1906
  2. Dana v. HurstSupreme Court of Kansas · 1911
  3. Carr v. MooreSupreme Court of Iowa · 1903
  4. Bennett v. National Starch Manufacturing Co.Supreme Court of Iowa · 1897
  5. Clear Lake Co-Operative Live Stock Shippers' Ass'n v. WeirSupreme Court of Iowa · 1925

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