11 Or. 215 | Or. | 1884
By the Court,
This is a suit to have decreed the legal title beld by the
The defense is that on June 3, 1846, and at the date of the United States patent, said block was entirely above ordinary high-water mark of the Columbia river; that between block 11 and the tide land of the river there were other lands, owned by the defendant and his wife; and that since June 3,1846, and since the United States patent, the waters of the Columbia have been gradually encroaching upon the high land forming the bank of the Columbia in that portion of Astoria in which block 139 is situated, and ordinary high tide has moved south, and nearer block 11 than it was in 1846 and 1866. Whether there existed a strip of land in front of block 11, as alleged and claimed, the evidence is by no means clear or satisfactory.
If for the purposes of this case, its existence shall be conceded, the evidence shows that the advance of high-water mark has brought it within the ebb and flow of the tide. When land is submerged by the gradual advance of the sea,
By virtue of the act of 1872, and those amendatory thereof, the owner or owners of any land abutting or fronting upon or bounded by the shore of the Pacific ocean, or 'of any bay, harbor or inlet of the same, and rivers and their bays, in which the tide ebbs and flows, within the state, were given the right to purchase all the tide lands belonging to the state in front of the lands so owned, within a certain time and upon conditions named. See. Sess. Laws 1872, p. 129; Sess. Laws. 1874, p. 77; Sess. Laws 1876, p. 70. In consideration of the fact that the people had acted upon the
Without entering into detail, it is sufficient to say that a careful examination of the facts has satisfied us that block 11 was the abutting block to the tide land in dispute, for which the defendant has obtained the patent. And our view in this regard is strengthened by the fact that the defendant founded his application for this tide land as appurtenance to block 11, and obtained the patent upon this representation.
The plaintiff’s title to block 11 being admitted, and the evidence satisfying us that it is and was adjacent to the tide lands in dispute, we find no error in the decree of the court below, and .the same must be affirmed.