Ker & Co. v. Couden
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE PHILIPPINE ISLANDS. The facts, which involve the title to land in the Philippine Islands formed by action of the sea, are stated in the opinion. The Supreme Court of, the Philippines erred in holding that the law, as written in the Partidas, declares that land above seashore formed by accretion from the sea belongs to the Crown and not to the riparian owner. Laws 3, 4, 6, 24, Tit. 28, 3d Partidas.
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ERROR TO THE SUPREME COURT OP THE PHILIPPINE ISLANDS. The facts, which involve the title to land in the Philippine Islands formed by action of the sea, are stated in the opinion. The Supreme Court of, the Philippines erred in holding that the law, as written in the Partidas, declares that land above seashore formed by accretion from the sea belongs to the Crown and not to the riparian owner. Laws 3, 4, 6, 24, Tit. 28, 3d Partidas. From the premise that the accessory follows the principal, the conclusion necessarily follows that, under the said Laws 3 and 4 of Title 28 of the Third Partida,…
1Opinion of the CourtJustice Holmes
'This is an action brought by Ker and Company to recover possession of land held' by the defendant under a claim- of title in the United States. The land is the'' present extremity of Sangley Point, in the Province of Cavite and island of Luzon,, projecting into Manila Bay. It has been Lo.rmed gradually by action of the-sea; all of it since 1811, about three-quarters since 1856, and a part since 1871. For a long time the property was used •by the Spanish Navy and it now is occupied by the present Government, as a naval station, works costing more than half a million dollars haying been…
2Cited by20 opinions
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- State of Texas v. BalliTexas Supreme Court · 1944
- Humble Oil & Refining Co. v. Sun Oil Co.Court of Appeals for the Fifth Circuit · 1951
- Thiesen v. Gulf, Florida & Alabama Railway Co.Supreme Court of Florida · 1917
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