Fellman v. Tidewater Mill Co.
Oregon Supreme Court
From Lane: William Galloway, Judge. Statement by Me. Justice Buenett. Tbe plaintiffs, Joseph Fellman and Jesse J. Nicolle, complaining of the Tidewater Mill Company, the defendant corporation, allege that they are the owners of all tide-lands fronting and abutting upon lots 3 and 4 in section 26, and lot 7 in section 35, of township 18 south, range 12 west of Willamette Meridian, in Lane County, Oregon, except a tract of tide-land containing 15 acres, which exception is…
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From Lane: William Galloway, Judge. Statement by Me. Justice Buenett. Tbe plaintiffs, Joseph Fellman and Jesse J. Nicolle, complaining of the Tidewater Mill Company, the defendant corporation, allege that they are the owners of all tide-lands fronting and abutting upon lots 3 and 4 in section 26, and lot 7 in section 35, of township 18 south, range 12 west of Willamette Meridian, in Lane County, Oregon, except a tract of tide-land containing 15 acres, which exception is particularly described by metes and bounds. These tide-lands border on the Siuslaw Biver, a navigable stream used for the…
1Opinion of the CourtJustice Burnett
1. The ownership of the tide-lands mentioned in the complaint is not the only question involved. The issues affect also the right of access to the navigable stream. In Go guille Mill & Mercantile Co. v. Johnson, 52 Or. 547 (98 Pac. 132, 132 Am. St. Bep. 716), it was held that the right to operate a boom in a navigable stream adjacent to real property as a thing distinguished from appropriation and occupation of the soil under the water is an incorporeal hereditament, for the possession of which an action of ejectment will riot lie —citing 15 Cyc. 16; Parker v. West Coast Packing Co., 17 Or.…
2Cases cited16 opinions
- Pacific Elevator Co. v. PortlandOregon Supreme Court · 1913
- Livesley v. JohnstonOregon Supreme Court · 1904
- South Portland Land Co. v. MungerOregon Supreme Court · 1900
- Coquille Mill & Mercantile Co. v. JohnsonOregon Supreme Court · 1908
- Parker v. West Coast Packing Co.Oregon Supreme Court · 1889
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Smith Tug & Barge Co. v. Columbia-Pacific Towing Corp.Oregon Supreme Court · 1968
- Sea River Properties, LLC v. ParksOregon Supreme Court · 2014
- Pubols v. JacobsenOregon Supreme Court · 1919
- Sea River Properties, LLC v. ParksOregon Supreme Court · 2014
- Sea River Properties, LLC v. ParksOregon Supreme Court · 2014
1 more not listed; retrieve them via the Exa API.