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Shively v. Bowlby
United States Supreme Court
152 U.S. 1 (1894)
- Written by Sheryl McGrath, JD
Facts
In 1854, when Oregon was not yet a state, John Shively (defendant) claimed property situated on the Columbia River in the town of Astoria. Shively recorded his claim under the federal statutes that governed the Oregon territory. Shively’s claim included tidelands. About 20 years later, after Oregon became a state, John Bowlby (plaintiff) received the same tidelands in a conveyance from the state of Oregon. Bowlby then sued Shively to resolve the ownership interests in the tidelands. Bowlby argued that Shively’s claim to the tidelands was invalid once Oregon became a state. The Oregon Supreme Court held in favor of Bowlby. Shively appealed to the United States Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Gray, J.)
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