The Montgomery advertiser., 1908-02-09
MOBILE TRANSPORTATION Co,

sent.
MOBILE TRANSPORTATION CO.. v.
CITY OF MOBILE. ct al.
Bill to. Enjoin Exclusive Possession Of
the Shore Of Mobile River in Front
Of compiainants Land.--(Decided
November 81. 1907. a So. Rep.
s76.)
I. Trusts; management; possession
Of trusts: use by cestui que trust
The possession by trustee Of q legal
title in property for the purpose Of
| inconsistent with possession and user
by the beneficiaries subject to such SUI
pervision.
2. Navigable waters; riparian rights.
The State hold the shores and beds
of navigable streams In trust for the
public, including riparian owners who
have q special property right. as such.
independent OF the public. the enjoy
ment of which does not conflict with
the legal ownership Of the State. or its
substituted trustee.
/ 3. Judgment; res adjudicata: matters
concluded.--The recovery Of the legal
title to the shore Of the navigable
stream by q city as trustee for the
public. in an action Of ejectment. does
| not bar a suit by the adjoining riparian
land owner to enjoin the infringement
Oh MS eHuitapio tASnS ~ snS -ese~ "
the shore. ST
4. Navigable waters; possession by
riparian owners; operation and effect.
Possession and use by riparian
owner Of the shore of navigable
streams does not bar the title OF the
city to the shores held in trust for the
public, especially so when the possess
sion ID consistent with the duty OF the
trustee and the right OF the riparian
owner.
s. Same; riparian rights; use Of the
shore.--As to the use of the shore on
navigable tidal waters and on navi-
gable non tidal waters. the right OF
1.-The riparian owner is the same; on
i navigabIe tidal water the title extends
to mean high water and on navigable
non-tidal waters the title extends "a
the line of mean low water.
8. same; right to wharton all
waterways, whether tidal or not. the
riparian owner has the right at COM
/ mon law to dock out to navigable wa
ter. subject to the rights Of navigation
ana the rules Of public control.
4. same: riparian rights; nature and
extent.-The right Of riparian owner
on navigable streams Is immutapIe lanu
subject only 70 the exercise OF eminent
&. EQUITY; pleading; motion to dis
miss bill: estoppel to deny allegation
--'The bin ALLEGES that the defendant
city recovered title to the premises
An question on its trust title as trus-
Tee for the general public ana the r.
parian owners particularly. ana xn ..
c;ty MADE q motion 20 dismiss the bill
for want Of equity. Held. sucn mouo99
admits the allegation OF the PHI anc
egtops the city from denying the trus'
.. Injunction; navigabIe waters; n.
rarian owners: rights; sufnciency o.
sIIa~ation.-Tt 10 sufdcient II TINS
s-zoner Of exclusion -be alleged witnoui
sattinr ont the extent Of complainant
snnrovement on shore in an action ny
rinarian owner 70 en3oin MS eAciusaol
from the use OF the shore
Anoeal from Mobile Chancery Court
I5ssrd before Hon. Thomas II. smith
ps1ersed ana rendered. Opinion oS
Tyson, c. J. ..o. TT
concur.
CAMPBELL W LoMBAhD0 M
SracifIc Performance.--lDecto $50
vember IL. 1907. - So Yep eos;
brokers'; Authority to sen LANG IN.
An agent wrote the owner OF = so'
.uhmttting an offer for the lot OF 81
Soo less commission. The owner re
niSad that he thought vl.IOO Ia
prica FOR the lot and that It would o
sccentable to him. Held, sumcient
ovth orize the agent or btoker 10 pm
tbe owner by q contract to sell the 10
| at Al 700 gross.