R. A. Beaver v. United States

We extract from appellee’s brief what we deem to be a fair statement of the facts and the parties’ respective contentions :

In summary, the district court held that the property in dispute had been created on the California side of the river by the gradual process of erosion and accretion. (R. 275-81.) On the basis of this finding, the court concluded that jurisdiction properly lay in the United States District Court for the Southern District of California. The court rejected appellants’ theory that Arizona had annexed the tract by prescription (R. 281-83).

At a subsequent trial of the remaining issues, the district court found the land in question had accreted to government-owned land in California, and its title had thus been acquired by the United States Government. The court also rejected appellants’ arguments (1) that they hold a vested interest under the Color of Title Act, 43 U.S.C. § 1068 (R. 404-05); (2) that the doctrine of re-emergence should be applied (R. 405); (3) that the United States cannot claim the tract because it induced the accretion process; and (4) that the United States is estopped from asserting title to land which appellants had improved. Final…