The Federal Reporter with Key-Number Annotations, Volume 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921. Page: 84
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272 FEDERAL REPORTER
been any such changes in the river in this vicinity as to leave intact on
the Mississippi side land that had formerly been on the Arkansas side
of the river.
A. M. Alexander, who has been engaged in engineering work for
about 10 years and has some acquaintance with the land in controversy,
is of opinion that the river has moved gradually, without abrupt
change.
A. L. Dabney, a civil engineer of considerable and varied ex-
perience, is of the opinion that the river has gradually moved west-
ward in the locality of the land in controversy--an accretion form-
ing on the east side, and caving occurring on the west side.
Second. Maps:
Plaintiffs introduced in evidence composite maps showing the gov-
ernment surveys of 1823 and 1835, the Mississippi River Commis-
sion's survey of 1883, and a private survey made for plaintiffs of
the land in controversy and of the river and lands in the vicinity
of the said land in controversy in 1916.
Defendants introduced in evidence composite maps showing the
government surveys of 1823 and 1835, the Mississippi River Com-
mission's survey of 1883, and a private survey made for defendants
of the land m controversy and of the river and lands in the vicinity
of the said land in controversy in 1916.
The maps of the parties showing the surveys above meentioned
are in every respect similar. The maps of the defendants also show
a survey of 1878 by the Mississippi River Commission. They also
introduced in evidence official maps prepared by the Mississippi Riv-
er Commission of the surveys of the river made under the direction
of the Commission in 1878, 1881, and 1883. In addition to these offi-
cial maps, defendants introduced in evidence an official map of a sur-
vey of the river made by Colonel Suter under the direction of the
War Department in the vicinity of the land in controversy, in 1874.
Counsel for appellees vigorously attack the accuracy of the Suter
survey and question the accuracy of the Commission survey of 1878.
Inasmuch as the accuracy of the Commission survey of 1883 is admit-
ted, it becomes unnecessary to determine the accuracy of the question-
ed surveys in respect to details. In broad outline the surveys of 1874
and 1878 are corroborated by the survey of 1883 and by the testimony
of living witnesses called by the plaintiffs. The surveys and maps will
be referred to and considered in connection with the testimony of the
witnesses called by the parties.
Third. The testimony of living witnesses:
J. D. Palmer, a witness called by the plaintiffs, has been acquainted
with the river in the vicinity of the land in controversy, from child-
hood. He was born in 1856, and his recollection of the river and its
surroundings would probably not be much earlier than 1865. He
testified that he had been acquainted with what is generally known as
Ship Island for about 50 years. The case was tried in 1919, and 50
years earlier was 1869. He says:
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The Federal Reporter with Key-Number Annotations, Volume 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921., legislative document, 1921; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc38843/m1/106/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.