Barron v. Alexander
District Court, D. Alaska
This is an action in equity to restrain the defendant from constructing a fish trap in front of land alleged to be owned by the plaintiff.
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This is an action in equity to restrain the defendant from constructing a fish trap in front of land alleged to be owned by the plaintiff. The complaint alleges that the plaintiff is the owner and in possession of S.27 acres of land abutting on the tide waters of Chatham Straits, an arm of the North Pacific Ocean; that some time in the year 1909 one V. A. Robertson caused said tract of land to be surveyed, and thereafter such survey was approved by the Surveyor General for the district of Alaska, and subsequently thereafter the said Robertson sold and transferred all his right, title, and…
1Opinion of the Court
TYONS, District Judge.
In the view the court takes of the case as presented by the pleadings and the evidence, it may be conceded that plaintiff is the owner and entitled to the possession of the tract of land described in the complaint. It may further be conceded that his right, title, and interest thereto was initiated at the time that his grantor caused a survey of the same to be made in the spring of 1909, and that his grantor and himself prosecuted the patent proceedings described in the complaint with reasonable diligence.
The only questions, therefore, necessary to be determined in order…
2Cases cited21 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- Taylor v. CommonwealthSupreme Court of Virginia · 1904
- Ferry Pass Inspectors' & Shippers' Ass'n v. Whites River Inspectors' & Shippers' Ass'nSupreme Court of Florida · 1909
- Barnes v. . Midland R.R. Terminal Co.New York Court of Appeals · 1908
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3Cited by2 opinions
- McCavit v. LacherAlaska Supreme Court · 2019
- Alaska Juneau Gold Mining Co. v. Northern Lumber MillsDistrict Court, D. Alaska · 1915