Van Dusen Inv. Co. v. Western Fishing Co.
Oregon Supreme Court
From Clatsop: James A. Eakin, Judge. Statement by Mr. Justice Moore. This is a suit by the Van Dusen Investment Company, a corporation, Reba Hobson, Edwin Hobson, and Bertha Halderman, against the Western Fishing Company, a corporation, D. H. Welch and Nancy M. Welch, to determine an adverse claim to a sand bar upon which seines for catching salmon are hauled.
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From Clatsop: James A. Eakin, Judge. Statement by Mr. Justice Moore. This is a suit by the Van Dusen Investment Company, a corporation, Reba Hobson, Edwin Hobson, and Bertha Halderman, against the Western Fishing Company, a corporation, D. H. Welch and Nancy M. Welch, to determine an adverse claim to a sand bar upon which seines for catching salmon are hauled. The State of Oregon by its land board, consisting of the Governor, Secretary of State, and State Treasurer, on February 17, 1879, executed to John Hobson and A. Van Dusen a deed to real property in Clatsop County near Astoria; the…
1Opinion of the Court
Mr.. Justice Moore
delivered the opinion of the court.
When the deeds were respectively executed February 17, 1879, and July 24, 1889, for tract No. 1, the State was unuthorized to convey tidelands except on the seashore and coast. Elliott v. Stewart, 15 Or. 259 (14 Pac. 416). An act, however, subsequently empowered the State Land Board to sell “tide flats not adjacent to the shore and situate within the tidewaters of the Columbia River.” *12Laws Or. 1891, p. 189. A later act confirmed the titles to all tide fiats not adjacent to the shore in the waters of the State which had been sold to…
2Cases cited11 opinions
- Johnston v. JonesSupreme Court of the United States · 1862
- People ex rel. Pierce v. MorrillCalifornia Supreme Court · 1864
- Anderson v. RobertsNew York Supreme Court · 1820
- Johnson v. KnottOregon Supreme Court · 1886
- Andrus v. KnottOregon Supreme Court · 1885
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3Cited by13 opinions
- Phillips v. Colfax Company, Inc.Oregon Supreme Court · 1952
- Eagle Cliff Fishing Co. v. McGowanOregon Supreme Court · 1914
- Stoppenback v. Multnomah CountyOregon Supreme Court · 1914
- Siesta Properties, Inc. v. HartDistrict Court of Appeal of Florida · 1960
- Bay City Land Co. v. CraigOregon Supreme Court · 1914
8 more not listed; retrieve them via the Exa API.