188 Baer v Moran Bros Co Appellants Reply

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188 Baer v Moran Bros Co Appellants Reply

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title: Milton L Baer Appellant vs Moran Brothers Company (A Corporation) Appellee, Reply Brief of Appellant.

title: 188

creator: Milton L Baer

contributor: Beriah Brown, Jr.

date: 1891-05

publisher: Washington State Supreme Court

type: Civil

subject: Real Property

language: eng

format: application/pdf

description: Prior History: Appeal from Superior Court, King County.Action in ejectment by Milton L. Baer against the Moran Brothers Company, a corporation, for a tract of tide land included within a larger tract selected and located by plaintiff with Valentine scrip. A demurrer to the complaint was sustained, and from the judgment dismissing the action plaintiff appeals.Public Lands – Location of Valentine Scrip – Tide Lands – A tract of land, sown by the public surveys to be a portion of the bottom of Elliot Bay, an arm of the sea, and which is covered and uncovered by the flow and ebb of the tide, is not “land,” but “water,” to which none of the public or special and private land laws of the United States, including the Valentine scrip act, have any application.As the rule is a fixed one that high water mark is the limit of government grants, the fact that a portion of tide flat is uncovered at low tide, and, in consequence, not covered by navigable water, will not render such tide flat subject to entry under the act of congress (17 St. at Large, p. 649) known as the Valentine scrip act.

relation: Baer v. Moran Bros. Co., 2 Wash. 608 (1891)

relation: 27 P. 470

rights: These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf

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