Chisolm v. Caines
U.S. Circuit Court for the District of South Carolina
This was a bill by Alexander E. Chisolm and others, who held, under lease, a tract of marsh land, intersected by creeks, lying in Winyah Bay, S. C., against Edmund A. Caines and others, to enjoin them from trespassing upon said creeks and marshes, and shooting and driving away the game found thereon. Defendants set up in their answer that these creeks and marshes were subject to a public use.
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This was a bill by Alexander E. Chisolm and others, who held, under lease, a tract of marsh land, intersected by creeks, lying in Winyah Bay, S. C., against Edmund A. Caines and others, to enjoin them from trespassing upon said creeks and marshes, and shooting and driving away the game found thereon. Defendants set up in their answer that these creeks and marshes were subject to a public use. Pending the proceedings the state of South Carolina intervened, and set up title in the state to these creeks and marshes.
1Opinion of the Court
SIMONTON, Circuit Judge.
In this cause, still pending, the attorney general of the state of South Carolina has intervened by information. He alleges that neither, the complainants nor their lessors, nor any of them, have, or ever had, any right, title, or interest in said marshes and creeks hereinbefore described, or any of them (the marshes and creeks set out in the bill of complaint). “On the contrary, the said marshes and beds of said navigable streams are, and have always been, the property of the state of South Carolina, absolute owner in fee simple thereof, and said state is now lawfully…
2Cases cited24 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- The Daniel BallSupreme Court of the United States · 1871
- Hardin v. JordanSupreme Court of the United States · 1891
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- Yates v. MilwaukeeSupreme Court of the United States · 1871
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3Cited by19 opinions
- Taylor Fishing Club v. HammettCourt of Appeals of Texas · 1935
- Toledo Liberal Shooting Co. v. Erie Shooting ClubCourt of Appeals for the Sixth Circuit · 1898
- State v. BollenbachSupreme Court of Minnesota · 1954
- Fairchild v. KraemerAppellate Division of the Supreme Court of the State of New York · 1960
- Dana v. HurstSupreme Court of Kansas · 1911
14 more not listed; retrieve them via the Exa API.