McSHAN v. SHERRILL

283 F.2d 462 Frank B. McSHAN, Maggie L. McShan, Clesson W. Kerr and Leona W. Kerr, Appellants, v. Charles B. SHERRILL, Mary Y. Sherrill, William L. LaFollette and Susanne H. LaFollette, Appellees. No. 16538. United States Court of Appeals Ninth Circuit. October 26, 1960. Shute & Elsing, W. T. Elsing, Lewis, Roca, Scoville, Beauchamp & Linton, John P. Frank, Phoenix, Ariz., for appellants. Cunningham, Carson & Messinger, William H. Rehnquist, Phoenix, Ariz., for appellees. Before POPE, MAGRUDER and KOELSCH, Circuit Judges. MAGRUDER, Circuit Judge. 1 Appellees own land which at one time bordered on the east bank of the Colorado River. The river has since shifted to the west, and appellees claim the land now lying between their property and the present river bed on the basis of accretion. Appellants dispute that claim; and they have attempted to prove that the change in the river bed was perceptible and sudden, it having been agreed that accretion occurs only upon a gradual and imperceptible shifting of a river. See State of Oklahoma v. State of Texas, 1923, 260 U.S. 606 , 43 S.Ct. 221 , 67 L.Ed. 428 ; State of Nebraska v. State of Iowa, 1892, 143 U.S. 359 , 12 S.Ct. 396…