Guy v. Hermance

Citations

• 5 Cal. 73

Syllabus

<p>The right of the State to lands under water, where the tide ebhs and flows, is founded upon her sovereign control over the easement, or right of navigation.</p> <p>Where this easement is destroyed, the right of the State ceases, except to prosecute for perpresturc, and have the easement restored.</p> <p>The Legislature cannot exercise judicial functions.</p> <p>That portion of an Act prescribing that no injunction shall he issued against the Commissioners, appointed for the sale of the State interest within the water line, is invalid.</p> <p>The right of a party to have his title to land protected from a sale which may create a cloud upon it, upheld.</p>