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Younie v. Sheek

260 P. 419, 44 Idaho 767, 1927 Ida. LEXIS 168
CourtIdaho Supreme Court
DecidedOctober 14, 1927
DocketNo. 4608.
StatusPublished
Cited by9 cases

This text of 260 P. 419 (Younie v. Sheek) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Younie v. Sheek, 260 P. 419, 44 Idaho 767, 1927 Ida. LEXIS 168 (Idaho 1927).

Opinion

*770 GIVENS, J.

Respondent, owner of four fractional lots bounded by the west meander line of Snake River, brought this action for the purpose of enjoining appellants from occupying certain lands lying between the government west meander line and Snake River, on which appellants had filed possessory claims in 1923. The appeal is from a judgment for respondent and an order denying a motion for a new trial.

The evidence showed that the bulb of the land in question lay between a so-called west channel of the river (see Defendant’s Exhibit 4), varying in width from 100 to 300 feet and from 3 to 8 feet in depth, which was filled with water in late spring and early summer and dry during winter and early spring, and the east or main channel of the river.

Appellants base their case in the main on the rule announced in A. B. Moss & Bros. v. Ramey, 25 Ida. 1, 136 Pac. 608, and Callahan v. Price, 26 Ida. 745, 146 Pac. 732, *771 that the patentee of lots abutting on the meander line of a navigable stream does not take title to an island in the stream lying opposite his lots. The 3d, 4th, and 5th find *772 ings of the court based upon somewhat vague but sufficient evidence directly answer appellants’ contention as follows:

*771 U496bQa5k7Gz3x8

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Cite This Page — Counsel Stack

Bluebook (online)
260 P. 419, 44 Idaho 767, 1927 Ida. LEXIS 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/younie-v-sheek-idaho-1927.