Northern Pacific Railway Co. v. Hirzel
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, in and for Nez Perce County. Hon. Edgar C. Steele, Judge. Action to quiet title to certain parts of the beds of the Snake and Clearwater rivers bordering on the city of Lewis-ton. Judgment quieting title in the mayor-trustee for the city. A description running “to the bank” or “along the bank” is sufficient to convey the bank and riparian rights, including the soil to the center of the stream.
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APPEAL from the District Court of the Second Judicial District, in and for Nez Perce County. Hon. Edgar C. Steele, Judge. Action to quiet title to certain parts of the beds of the Snake and Clearwater rivers bordering on the city of Lewis-ton. Judgment quieting title in the mayor-trustee for the city. A description running “to the bank” or “along the bank” is sufficient to convey the bank and riparian rights, including the soil to the center of the stream. (5 Cye. 903; St. Clair Co. v. Loving si on, 23 Wall. 46, 23 L. ed. 59; Luce v. Corley, 24 Wend. (N. Y.) 451, 35 Am. Dec. 637; Starr v.…
1Opinion of the CourtSullivan, C. J.
This appeal involves two actions brought by the appellant, the Northern Pacific Bailway Company (which will, for convenience, hereafter be called the railway company), one against D. C. Hirzel and wife, and the other against Casper Neukam. The action against Hirzel is to quiet title against Hirzel and wife to land between the banks of Snake river and the center of the main stream, including an unsurveyed island occupied by respondent Hirzel at the confluence of the Clearwater and Snake rivers at the city of Lewis-ton, and may for convenience be referred to as the Snake river case. The suit…
2Cases cited18 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Van Ness v. PacardSupreme Court of the United States · 1829
- Newhall v. SangerSupreme Court of the United States · 1876
- Doolan v. CarrSupreme Court of the United States · 1887
- The People v. . the Canal AppraisersNew York Court of Appeals · 1865
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- Heckman Ranches, Inc. v. State Ex Rel. Department of Public LandsIdaho Supreme Court · 1979
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- State v. RolioUtah Supreme Court · 1927
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