Desha v. Erwin

Hast, J.,

(after stating the facts). It is sought to uphold the judgment on the ground that the land in controversy formed as an accretion to the land belonging to the defendants and their grantors, and that the plaintiff, having no title to it, should not be allowed to maintain this action.

On the part of tlie plaintiff, it is contended that the land was originally a part of Big Island, and was cut off from the other land on Big Island by a sndden change in the main channel of White River in 1868 or I860. White River is a navigable stream, and it is the established rule that a riparian owner…