Murphy v. Drakes Bay Oyster Co.

DOOLING, J. pro tem.

This appeal is taken by Drakes Bay Oyster Company, a corporation, from a judgment quieting plaintiff’s title to certain tide lands lying between the lines of ordinary high tide and ordinary low tide, and for $300 damages for appellant’s occupation and use of a portion of such tide lands for oyster culture during a period of three years.

These tide lands lie within certain esteros or fingers running from Drakes Bay into the upland. Plaintiff by mesne conveyances has become the owner of the uplands bordering on these esteros and also of five tide land patents issued by the…