Winous Point Shooting Club v. Bodi

10 Ohio Cir. Dec. 544, 20 Ohio C.C. 637
CourtOttawa Circuit Court
DecidedJuly 15, 1895
StatusPublished

This text of 10 Ohio Cir. Dec. 544 (Winous Point Shooting Club v. Bodi) is published on Counsel Stack Legal Research, covering Ottawa Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Winous Point Shooting Club v. Bodi, 10 Ohio Cir. Dec. 544, 20 Ohio C.C. 637 (Ohio Super. Ct. 1895).

Opinion

The issues and facts are stated by the court.

HayNES, J.

This cause coming into this court upon appeal from the court of common pleas of this county, and the court finding that the appeal has been perfected in all respects as required by law, came on to be heard upon the pleadings and the evidence and was duly submitted to the court, and the court being fully advised in the premises does find the equities of the case to be with the plaintiff, and on request of all the parties to this action that the conclusions of facts be stated separately from its conclusions of law, find, as its conclusions of facts, to-wit:

First — That said sections mentioned in the petition as 21, 22, 23, 24 and 25 are situated in Ottawa county, and that the other sections mentioned in the petition lie to the south of the same and are situated in Sandusky county, Ohio. Sections 21, 22,‘ 23, 24, 25, 26, 27, 28, 33, 34, 35 and 36 nil lie adjoining and comprise an area of twelve square miles, being four miles east and west and three miles north and south; that said sections situated in Ottawa county are numbered from the west to the east consecutively, beginning with sec. 21, and beginning with sec. 25 the numbers run consecutively .to the west, ending with sec. 28, and beginning with sec. 33, south of sec. 28, the numbers run consecutively to the east, ending with sec. 26; sec. 25 is south of sec. 24, and that a large portion of said twelve square miles is covered with water.

Second — The points of land and marsh, the water indentations into the land and marsh, the marshes and shoals, islands, bodies of water and other features within this area of twelve square miles, have local names located and described as follows, to-wit: “Horseshoe Island,’’which is situated in the southeast quarter of sec. 20 lying west of said sec. 21, which is surrounded by water.

“Bixler’s Point,” which is the southwestern point of a strip of land and maish running from the southwestern quarter of sec. 21 northeast to the northwest quarter of sec. 22, which is surrounded by water.

“Winoús Point,” which is the southeastern point of an irregular body of land and marsh lying mostly in the southern half of sec. 22, which is surrounded by water.

“Long Grass or Canvas Back Point”is a point of land and marsh extending south from the northeast quarter of sec. 23, into the southeast quarter of said section.

“Slade’s Poinf’is a small point of land extending from the main land in the southwest quarter of sec. 13, and which is a little west. of. north from south of Eagle Island.

“Eagle Island” is situated in sec. 24, entirely surrounded by water, and as originally surveyed by the United States government, contained about 144 acres, but now contains about three acres, and is situated near the center of the south half of sec. 24.

“Nigger Head Island” is situated on the section line between secs. 23 and 24, and west of Eagle Island and is smaller than Eagle Island.

“Peach Island” is situated on the north half of sec'. 26, .and is separated from a similar body of land and marsh lying to the east and [546]*546south by a stream called Tommy Creek; this body of land and marsh, lying to the east and south of Tommy Creek is much larger than Peach. Island and is situated in the east part of sec. 26, the southwest part of sec. 25, the northwest part of sec. 86 and the northeast part of sec. 35, and is separated from the main land at the southeast by a stream called. Raccoon Creek, and the most northeastern point is called ‘ ‘South Point, ’ ’ and this “South Point” is a little west of south of Eagle Island.

“Cape Island” is a small point of land and marsh above the water, situated in the northwest quarter of sec. 26, and around about it in this, quarter section the water is not so deep and is called the “Middle Ground.”

“Squaw Island” is situated in the northeast quarter of sec. 27, and. is smaller than Eagle Island.

“Mud Creek Bay” is the name of that body of water lying west of a line drawn from Winous Point to Squaw Island.

“Eagle Island Marsh” is a small marshy bog upon which rushes-grow above the water, and lies a short distance east of Eagle Island in Sandusky Bay.

Third — Commencing at Slade’s Point, the shore runs southwesterly to Canvas Back or Long Grass Point, thence north in a general direction by irregular courses to about the north line of sec. 23; thence westerly to-nearly the northwest corner of sec. 22 thence southwesterly to about the southwest corner of the northwest quarter of sec. 21, thence curving southerly and easterly in the southwest quarter of sec. 20, and the northeast quarter of sec. 29; thence easterly through the north half of sec. 28 and sec. 27, to a point a little west of south of Squaw Island, where it meets the Sandusky river; commencing then at a point south of Squaw Island on the south side of Sandusky river, the shore-runs and curves southwesterly, easterly and northerly, in' secs. 27, 34, 35, 36, 26 and 25, by irregular courses to said South Point; thence southeasterly for about two miles; thence' easterly. This shore line is well defined and the land back of it for considerable distance is marsh lands, and subject to overflow in high water, caused by the rise of the water in Lake Erie and Sandusky Bay. The Sandusky river enters sec. 28 at the southwest corner and flows east of north to about the center of the north half of said section, where it bends and flows southeasterly to the-southwest quarter of sec. 27, where it bends and flows north and east toward Squaw Island, and between the course of said river thus described and the so called Mud Creek Bay to the north, there is land and marsh upon parts of which trees grow, and through which channels are-cut from the river to said Mud Creek Bay. Mud Creek enters sec. 29 in the north half, and flows through the north half of said section, and on either side of said creek, in the northeast quarter of said sec. 29, the-shore is low and marshy.

Fourth — Mud Creek is a small' stream which rises many miles west and flows in a northeasterly direction and for several miles up stream from its mouth it is navigable for ordinarj' sized water craft. When said Mud Creek reaches the northeast quarter of sec. 29, west of sec. 28, it opens out into a wider expanse of water, called Mud Creek Bay, which is from one and one-fourth miles long east to west, and in width varies-from one mile near its west end to about one-half mile at its narrowest point between Winous Point and Squaw Island. The course of Mud Creek is defined by banks until it reaches the northeast quarter of said sec. 29, where it enters the wide water aforesaid, and from there downward [547]*547in its course there are no banks except the shore lines of the so-called Mud Creek Bay, and there is a channel to this Mud Creek leading easterly through the so-called Mud Creek Bay which is some deeper than the water on either side and which is wide enough for the passage of ordinary water craft out to a point a little east of a line from Squaw Island to Winous Point, where it empties ipto another channel hereinafter mentioned. The channel of Mud Creek through Mud Creek Bay has a depth of about seven feet, and from each way the water shoals to a depth oi four feet or less near the shores, which are low and marshy.

Free access — add to your briefcase to read the full text and ask questions with AI

Cite This Page — Counsel Stack

Bluebook (online)
10 Ohio Cir. Dec. 544, 20 Ohio C.C. 637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winous-point-shooting-club-v-bodi-ohcirctottawa-1895.