Parker v. West Coast Packing Co.

• Decision Date: 03 May 1889
• Citation: 21 P. 822,17 Or. 510
• Parties: PARKER v. WEST COAST PACKING CO.
• Court: Oregon Supreme Court

21 P. 822

17 Or. 510

PARKER v. WEST COAST PACKING CO.

Supreme Court of Oregon

May 3, 1889

Appeal from circuit court, Clatsop county.

The respondent commenced an action in said circuit court against the appellant, a private corporation, ostensibly to recover the possession of real property. He alleged in his complaint that he was the owner in fee and entitled to the immediate possession of all the tide-land, water frontage, wharfing rights, and privileges north of, in front of, and adjacent to the north line of lots 4, 5, and 6, in block 149, of the town of Astoria, as laid out and recorded by J.M. Shiveley, in Clatsop county, Or.; said tide-land, water frontage, wharfing rights and privileges being bounded on the north by the ship's channel of the Columbia river. That the north line of said lots 4, 5, and 6 is parallel to and 300 feet north of the north line of Hemlock street, in said town of Astoria. That more than six years ago appellant wrongfully, and against the consent of respondent, entered into the possession of said premises, and wrongfully withholds them from respondent. The appellant filed an answer to the said complaint, denying the respondent's ownership of the premises therein described. Denied that there was any tide-land whatever north or in front of or adjacent to the north line of said lots, 4, 5, and 6, or either or any part thereof. Denied that the north line of said lots was only 300 feet north of the north line of said Hemlock street, but alleged that it was in the ship's channel of the Columbia river. Denied the wrongful entry, possession, and withholding of the premises. The appellant, for a further answer, alleged that the south line of lots 4, 5, and 6 was north of and beyond the line of extreme low tide in said river. That all the land lying between ordinary high and low tide line of said river, at said point, was between the south and north lines of lots 7, 8, and 9, of said block 149; and appellant during all the time alleged in the complaint, was the owner in fee-simple of lots 4, 5, 6, 7, 8, and 9, and in possession thereof, occupying the same for a salmon cannery; and, being such owner of said lots, it had the right and did extend its wharf out beyond the north line thereof, into said channel of said river, to enable boats to land thereat. The respondent filed a reply, denying the new matter, except as to the appellant's ownership of said lots, which ownership he tacitly admitted.

The parties to the action having waived a jury trial, the case was tried before the court without a jury, and the following conclusions found: "(1) That respondent is the owner of the wharfing rights and privileges north, in front of, and adjacent to the north line of lots 4, 5, and 6, in block 149 of the town of Astoria, as laid out and recorded by J.M Shively, in Clatsop county, Or., and that said wharfing rights and privileges extend to ship's channel of the Columbia river. (2) That respondent is entitled to the immediate possession of the same, and that appellant wrongfully withholds the same from respondent. (3) That respondent is damaged by such wrongful withholding in the sum of $25." Upon which conclusions the said court adjudged that the respondent have judgment against the appellant for the possession of the wharfing rights and privileges and land covered with water between the north line of said lots 4, 5 and 6, on the south side of the ship's channel of the Columbia river on the north; and for costs and disbursements and said sum of $25; from which judgment said appeal is taken. It appears from the plats of the said town of Astoria which is and has been for several years an incorporated city, that said block 149, as indicated thereon, is situated between Hemlock street on the south, East Eighth street on the east, East Seventh street on the west, and a line parallel on the north line of Hemlock street, and 300 feet north thereof, on the north; that the block consists of 12 lots, numbered consecutively from 1 to 6, in the north half of the block, and from 7 to 12 in the south half thereof,--the north-east lot being No. 1, and the south-east lot being No. 12; and the bill of exceptions shows that nearly the entire block is below high-water mark on the Columbia river, and about half of it below low-water mark. The counsel for the respective parties admitted on the hearing that at the north line of lots 7, 8, and 9, and the south line of lots 4, 5, and 6, the water was two feet and six inches in depth at low tide, and eight feet and six inches in depth at high tide; and that at the north line of said lots 4, 5, and 6--the north line of the block--the water at low tide was six feet in depth, and at high tide 12 feet in depth. It also appears from the bill of exceptions that the portion of the block above high-water mark is a part of the donation land claim of John M. Shiveley, who platted the said block, and a number of other blocks, similarly situated, and duly recorded such plat. It appeared also that the board of commissioners of the state of Oregon, for the sale of school and university lands, on the...