Legal Opinion

Andrus v. Knott

Oregon Supreme Court

Decided November 17, 1885PublishedCited by 15 opinions

The premises in controversy are situated on the margin of the Willamette River at East Portland. At this point, at a low stage of the river, there is a tidal rise and fall of two feet and eight inches, which daily covers and uncovers a space of shore from thirty-seven to fifty feet, during a period of about five months in the year.

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The premises in controversy are situated on the margin of the Willamette River at East Portland. At this point, at a low stage of the river, there is a tidal rise and fall of two feet and eight inches, which daily covers and uncovers a space of shore from thirty-seven to fifty feet, during a period of about five months in the year. (Testimony of W. S. Chapman and map.) But as the river rises the space of shore which is alternately covered and uncovered by the ebb and flow of the tide becomes narrower, until at extreme high water the tide rises and falls but a few inches. No part of this shore…

1Opinion of the CourtLord, J.

The action was in ejectment. It was brought to recover certain lands claimed to be tide-lands. The court below held that the land in controversy was not such land. It is clear unless the land' in dispute is tide-land, or comes within the description of such lands, it is unnecessary to consider the other legal propositions which counsel have discussed as applied to such lands. What is meant by the phrase “ tide-lands ” ? In Rondell *503v. Fay, 32 Cal. 354, it was held that the descriptive phrase “tide-lands,” in the legislation of that State, applies to land covered and uncovered by the ordinary…

2Cases cited2 opinions

  1. Rondell v. FayCalifornia Supreme Court · 1867
  2. Walker v. MarksU.S. Circuit Court for the District of California · 1872

3Cited by15 opinions

  1. Pacific Elevator Co. v. PortlandOregon Supreme Court · 1913
  2. Mobile Dry Docks Co. v. City of MobileSupreme Court of Alabama · 1906
  3. Lewis v. City of PortlandOregon Supreme Court · 1893
  4. State v. SturtevantWashington Supreme Court · 1913
  5. State Land Board v. SAUSEOregon Supreme Court · 1959

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