Barboro v. Boyle
Supreme Court of Arkansas
Appeal from Crittenden Chancery Court; Charles D. Frierson, Chancellor ; 1. Horse Shoe Lake is an unnavigable body of water, and plaintiffs-’ title extended to the middle of the lake, as abutting owners. 82 Ark. 367; 88 Id. 37; 92 Id. 39; 104 Id. 154; 36 Barb, 102; 95 N. C. 331; 59 Am.
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Appeal from Crittenden Chancery Court; Charles D. Frierson, Chancellor ; 1. Horse Shoe Lake is an unnavigable body of water, and plaintiffs-’ title extended to the middle of the lake, as abutting owners. 82 Ark. 367; 88 Id. 37; 92 Id. 39; 104 Id. 154; 36 Barb, 102; 95 N. C. 331; 59 Am. Rep. 242; 39 Ark. 409. Navigability is a question of fact; if a stream or lake is navigable, then abutting owners of land only take title to the ordinary high water mark, but if unnavigable, then to the middle of the stream or lake. 67 Fed. 287; 148 Id. 781. The action of Government surveyors in meandering a…
1Opinion of the CourtHabt, J.
A. S. Barboro and others, as trustees for the Five Lakes Outing Olub, a voluntary, unincorporated association, instituted this action in the chancery court against Thos. R. Boyle and others for the purpose of restraining them from hunting land fishing upon lands alleged to belong to plaintiffs.
The plaintiffs held legal title to certain lands in the peninsula formed by Horse Shoe Lake in Crittenden County, Arkansas. Horse Shoe Lake, >as its name implies, is a horse shoe shaped body of water, and was likely at one time a part of the bed of the Mississippi River. It is seven miles long .and has…
2Cases cited10 opinions
- Donnelly v. United StatesSupreme Court of the United States · 1913
- Lamprey v. StateSupreme Court of Minnesota · 1893
- Little v. WilliamsSupreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. RamseySupreme Court of Arkansas · 1890
- Dowdle v. WheelerSupreme Court of Arkansas · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Harris v. BrooksSupreme Court of Arkansas · 1955
- Glass v. GoeckelMichigan Supreme Court · 2005
- State v. McIlroySupreme Court of Arkansas · 1980
- Goforth v. WilsonSupreme Court of Arkansas · 1945
- Deskins v. RogersSupreme Court of Oklahoma · 1919
18 more not listed; retrieve them via the Exa API.