Gilbert v. Emerson
Supreme Court of Minnesota
Appeal by plaintiff, G-iles Gilbert, from a judgment of the District Court of St. Louis County, Charles L. Lewis, J., rendered September 19, 1893, decreeing that plaintiff is not, and that defendant George G. Howe is, the owner of the unplatted submerged land in controversy. Appeal also by defendants, Mary F. Emerson and Charles H. Eldridge, from the same judgment decreeing that they have no title, estate or interest in the same unplatted submerged land.
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Appeal by plaintiff, G-iles Gilbert, from a judgment of the District Court of St. Louis County, Charles L. Lewis, J., rendered September 19, 1893, decreeing that plaintiff is not, and that defendant George G. Howe is, the owner of the unplatted submerged land in controversy. Appeal also by defendants, Mary F. Emerson and Charles H. Eldridge, from the same judgment decreeing that they have no title, estate or interest in the same unplatted submerged land. Plaintiffs brought this action under 1878 G. S. ch. 75, § 2, to determine the adverse claims of defendants, Mary F. Emerson, Charles H.…
1Opinion of the CourtMitchell, J.
This is another of the familiar series of controversies over titles and riparian rights, growing out of the fact that Orrin W. Bice, the original owner of a peninsula fronting on the waters of the bay of Duluth, known as “Bice’s Point,” in platting his land into lots, blocks, and streets, extended the .plat for a distance of several blocks beyond the shore line out into the shallow water. Gilbert v. Eldridge, 47 Minn. 210, (49 N. W. Rep. 679;) Bradshaw v. Duluth Imp. Mill Co., 52 Minn. 59, (53 N. W. Rep. 1066.)
Bice did not, however, plat out to the line of navigability, and hence an unplatted…
2Cases cited3 opinions
- Watson v. PetersMichigan Supreme Court · 1873
- Bradshaw v. Duluth Imperial Mill Co.Supreme Court of Minnesota · 1892
- Gilbert v. EldridgeSupreme Court of Minnesota · 1891
3Cited by10 opinions
- Barri v. Schwarz Bros. Co.Supreme Court of Connecticut · 1919
- Gilbert v. EmersonSupreme Court of Minnesota · 1895
- Grant v. Oregon Navigation Co.Oregon Supreme Court · 1907
- Rasmussen v. Walker Warehouse Co.Oregon Supreme Court · 1913
- Castle v. ElderSupreme Court of Minnesota · 1894
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