Oregon Coal & Navigation Co. v. Anderson
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District •of Oregon; Charles F. Wolverton, Judge. Suit in equity by E. A. Anderson and R. B. .ierron against the -Oregon Coal & Navigation Company. Decree for complainants, and defendant appeals.
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Appeal from the District Court of the United States for the District •of Oregon; Charles F. Wolverton, Judge. Suit in equity by E. A. Anderson and R. B. .ierron against the -Oregon Coal & Navigation Company. Decree for complainants, and defendant appeals. This is a suit in equity brought by the appellees, plaintiffs in the court be.low, for an injunction to restrain the appellant, defendant in the court below, from driving piles or posts, or erecting any structure, bn certain property . situated in the town oj! Marshfield, Coos county, Or., alleged to he owned by the plaintiffs.' The parties…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). [1] It is contended by the defendant that the plaintiffs have mistaken thoir remedy; that the controversy between the parties is as to the boundary line between their respective lots, and the conflicting littoral or riparian rights of the parties growing out of this alleged disputed boundary line; and that such a controversy should be determined by an action at law. Neither the allegations of the complaint and answer, nor the maps introduced in evidence showing the relative locations of the lots owned by the plaintiffs and the tract of land owned by the…
2Cases cited4 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Oregon v. Portland Gen. Elec. Co.Oregon Supreme Court · 1908
- Montgomery v. ShaverOregon Supreme Court · 1901
- Switzler v. EarnheartOregon Supreme Court · 1911