Strong v. Gilmore
District Court, D. Alaska
On October 31, 1912, P. F. Gilmore was the owner of lot 6, block 19, in the town of Ketchikan, and of a tract of tideland abutting thereon and extending seaward to the North-land dock, which cut off said tract of tideiand from the navigable water. On said date Peter Ziller recovered judgment against the said Gilmore, and the same became a lien on all the real property of the said Gilmore.
Read the full summary
On October 31, 1912, P. F. Gilmore was the owner of lot 6, block 19, in the town of Ketchikan, and of a tract of tideland abutting thereon and extending seaward to the North-land dock, which cut off said tract of tideiand from the navigable water. On said date Peter Ziller recovered judgment against the said Gilmore, and the same became a lien on all the real property of the said Gilmore. On December 11, 1913, Gilmore executed a mortgage to the Miners’ & Merchants’ Bank of Ketchikan on “lot 6, in block 19, * * * together with all the tideiand rights, possessory rights, littoral rights,…
1Opinion of the Court
JENNINGS, District Judge.
The gist of the controversy is in these questions, to wit: (1) Did the redemption by Koel from the sale under the Ziller judgment (which said judgment was a first lien) cut out the bank’s $1,500 mortgage? (2) Was the Cosgrove mortgage a lien upon the tideland, superior to the bank’s $500 mortgage?
Before considering these questions, however, it will be necessary to clear the ground of certain misconceptions as to littoral rights and of confusion arising from certain differences in the descriptions of the property contained in the various instruments.
Under the Ziller…
2Cases cited9 opinions
- McCloskey v. Pacific Coast Co.Court of Appeals for the Ninth Circuit · 1908
- Columbia Canning Co. v. HamptonCourt of Appeals for the Ninth Circuit · 1908
- Settlemire v. NewsomeOregon Supreme Court · 1882
- New York Central & Hudson River Railroad v. MathewsAppellate Division of the Supreme Court of the State of New York · 1911
- Brown v. CarkeekWashington Supreme Court · 1896
4 more not listed; retrieve them via the Exa API.