Pacific Coast Co. v. James

Citations

• 5 Alaska 180

Syllabus

<p>1. Navigable Waters @=36(3)—Tideland—Abandonment.</p> <p>In 1882 plaintiff erected a T-shaped wharf extending out from the shore in front of Juneau, and used the same for landing its boats and vessels until 1894, when and always thereafter it abandoned the site, and the same was unoccupied and in a state of nature. In 1900 the defendant entered upon said tideland so formerly occupied by plaintiff, and improved it, and has ever since used and occupied it, without let or hindrance, until this suit was brought. Plaintiff claims right of possession under Act May 17, 1884, c. 53, § 8, 23 Stat. 24, providing “that Indians. and other persons in said district shall not be disturbed in the possession of any lands actually in their use or occupation or now claimed by them,” etc. Sold, the act does not prohibit the persons mentioned therein from transferring the title thereto, or abandoning the same; that plaintiff did so abandon all claim or occupancy of said land before defendant entered thereon. Findings ordered' for the defendant.</p> <p>2. Adverse Possession @=70—Coloe oe Title.</p> <p>Color of title is that which purports to be title, but is no title. It is not title, but only the semblance of title. It must be in form a conveyance of title. One cannot make his own title. A location notice is not a conveyance; it is a mere claim.</p> <p><§=3See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>