Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 107 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 edition. Excerpt: ...of this action, the defendants occupied the said land or any part thereof, or any lands that are the products of gradual accretious-to the same, they will find for plaiutifis. There was a verdict and judgment for defendants. After the acquisition of the northwest territory from Virginia, and before the purchase of Louisiana in 1804, the United States established, perhaps in '98 or thereabouts, a system of surveys of their public lauds, and passed laws in regard to the Mississippi and Missouri and other navigable streams, which materially modify the applications of the common laiv and civil law doctrines in regard to riparian ownership. The title to nearly all the lands in Missouri depends on the laws of congress and the system of surveys adopted by congress. I have heard it stated by an eminent lawyer, who practiced in this State long before it was admitted into the Union, that there are only one or two complete Spanish grants in this State. Our public surveys terminate on the Missouri river, and it is the same with regard to the Osage as high up as Os ceola, and the Gasconade for some distance, and no doubt some other 8lZl'821lIl8---bill; the surveyors pay no regard to smaller streams not considered navigable, and sectionize them as though such streams had no existence. This may perhaps serve_as a test of the navigability of a water course, since we have no navigable streams in this western country which come within the common law or civil law definition of this term. However this may be, it is certain that the Missouri river ia declared a navigable stream by act of Congress, and that the doctrine of riparian property, as established in regard to non-navigable streams is not applicable to this river. The ancient...