Miller v. Mendenhall
Supreme Court of Minnesota
Appeal by plaintiff from an orcler of the district court for St. Louis county, Ensign, J., presiding, sustaining a demurrer to the complaint. The substance of the complaint is stated in the opinion. The prayer for relief is (1) that the conveyance from the Duluth Improvement Co. to defendant be decreed to be invalid; (2) that the cloud cast by that conveyance on plaintiff’s title to the westerly half of block 27 be removed, and (3) for general relief.
1Opinion of the CourtVanderburgh, J.
This case involves the consideration of the riparian rights of the owners of lands abutting upon the Duluth harbor or Bay of Superior, in the shoals or land covered by water between low-water mark and the deep or navigable waters, and within the dock or harbor line established by the authority of the legislature. These waters are within the jurisdiction of the state and federal governments, and the state holds the title to low-water mark in its sovereign' capacity, in trust for the people, for the purpose chiefly of protecting the rights of navigation. But, though the title is nominally in…
2Cases cited9 opinions
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- Dutton v. StrongSupreme Court of the United States · 1861
- Union Depot, Street Railway & Transfer Co. v. BrunswickSupreme Court of Minnesota · 1883
- Winans v. ChristyCalifornia Supreme Court · 1854
- Hamlin v. Pairpoint Manufacturing Co.Massachusetts Supreme Judicial Court · 1886
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3Cited by25 opinions
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- State v. KorrerSupreme Court of Minnesota · 1914
- First Construction Co. v. . State of New YorkNew York Court of Appeals · 1917
- State v. SturtevantWashington Supreme Court · 1913
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