The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1915-05-13

line exactly. In fact, it appears
that at several places there are trees
or stumps of trees south or souther]y
of the meander line that indicate by
their age that they existed before
the survey; but even if gore or
tongue of land projected into the
lake from these lots beyond the
meander line that would not affect
this case. This condition of affairs
is disposed of in Hardin VS.. Jordan,
l40 U. S. page 800, in the following
language: GAS to the narrow
tongue of land which according to
the findings of facts projects into
the lake from the north side, we do
not think that it can have any effect
upon the decision of this case. 1t
does not appear to have extended far
enough southerly at least during
high water to be opposed to the
property of the plaintiff. Besides,
the plat of the lake and the land sur
rounding it, referred to in the
patent granted to Holbrook, exhib-
it's the various fractional sections
surrounding the lake as Immediately
bordering upon it; and this as shown
by the authorities already cited con-
stitutes the lake. itself the real
boundary of the land without re-
gard to the meander line. There
should be some extraordinary proof
of mistake on the part of the sur
veyors in order to interfere with the
passing of the land as riparian
land" 1t will be seen from the de-
scription of the gore or tongue in
the Hardin case, found at page 375,
that it was very much greater in ex-
tent than the one in this case.
And even if a part of this land at
the time of the survey was not a
tongue or gore but an island, yet as
it was not designated on the plat as
a distinct part of the public domain
it would now be part of the relicted
land left uncovered by the recession
VI UllC TdCC1S VI IHhC. COO VCO-
ster VS.. Axtell. 81 MINI. 375.
Lake Onamia then being the
boundary of this land on one side:
the question arises as to whom the
reelected lands belong. The defend
ant claims that the plaintiff does not
take them for the reason that the
meander lines of the survey together
with the stated acreage in his de-
scription limit the extent Of what
the United States conveyed by it's
patent. This contention it seems
to me is untenable under the facts
in this case Meander contention it
seems to me is untenable under the
facts in this case. Meander lines are
run in surveying fractional portions
of the public land bordering upon
navigable waters, not as boundaries
for the tract but for the purpose of
defining the sinuosities of the banks
of the stream or body Of water and
as the means of ascertaining the
quantity of the land in the fraction
subject to sale or entry.
Schumacher VS.. Railway, 10 MINI,
affirmed by the supreme court of the
United States in Railway VS.. Schur-
meier, a U. S. PIP.
Lamprey VS.. State, 81 Mimi. l8l.
Olson VS.. Thorndike, 76 Mimi. 800.
Sherwin VS.. Bitter, 81 Mimi. 252.
2 Hardin VS.. Jordan, 40 y. s. 381.
The official plat which is in, evil
dence shows that the water of the
lake and not the meander line as &C.
tually run on the land is the bound
airy. 1t is not case like Security
Land & Exploration Go. VS.. Burns.
supra, where the government plat
was shown to be fraudulent and that
in fact no lake had ever existed at
the place shown on the plat.
Nor can the fact that the patent
stated the acreage of each lot be
considered as controlling. See Sher-
win VS.. Bitter, supra. "a water
line which is shifting line, and
may gradually and imperceptibly
change, is just as fixed a boundary in
the eye of the law as permanent
object such as a street or 4 wall;
and where a water line constitutes
the boundary of given lot that
line, no matter how it shifts, re-
mains the boundary, and a deed de-
scribing the lot by number or name
conveys the land up to such shifting
line exactly as it does up to fixed
side line.' Jefferies VS.. East Om-
aha Land Co., 1874 U. S. 178.
, The fundamental principle that
runs through all cases of this nature
is that ''once a riparian owner al
ways one"
The rights Of abutters on waters
that are navigable so that the pub
liz lac Son,n honoH6;ol ,,ro IN c,,oL