Anderson

Oregon Coal & Navigation Co. v. Anderson

Good Law
124 C.C.A. 286·206 F. 404·1913 U.S. App. LEXIS 1554
United States Court of Appeals for the Ninth CircuitJuly 7, 1913No. 2,153California1,006 words

Opinion

lead Opinion

Morrow, J.

(after stating the facts as above). [1] It is contended by the defendant that the plaintiffs have mistaken thoir remedy; that the controversy between the parties is as to the boundary line between their respective lots, and the conflicting littoral or riparian rights of the parties growing out of this alleged disputed boundary line; and that such a controversy should be determined by an action at law. Neither the allegations of the complaint and answer, nor the maps introduced in evidence showing the relative locations of the lots owned by the plaintiffs and the tract of land owned by the defendant, show any conflicting boundary line at any point between the two tracts on the upland, or at any point above mean low tide. It is true that the plaintiffs allege in their complaint that their lots “are bound - ed on the easterly and northerly side by low-water mark of Coos Bay,’’ and the defendant in its answer alleges that the northwesterly side line of its tract runs “due north to low-water mark of Coos Bay.” There is also in the record the testimony of two surveyors to the fact that the northwesterly side line of defendant’s tract of land, project* ed from the point of beginning, in…

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