Public-domain · open source
OpenJurist
← 108 CAL 179 - Freeman v. Bellegarde

Freeman v. Bellegarde’s Empirical Analysis

1895

Citation profile

29
cited by 29 later decisions
2
cited 2 times by the Supreme Court
7
states following
August 1988
most recently cited

25 state decisions

How this case has been cited

Cited by 29 later decisions (2 by the Supreme Court) — most recently August 1988 · most notably 2 Cal. 3d 29 - Gion v. City of Santa Cruz (1970), State of Oklahoma v. State of Texas (1923)

25 state decisions

701895190019101920193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Railroad Company v. Schurmeir · Yates v. . Van De Bogert · Long Beach Land & Water Co. v. Richardson · Spring v. Hewston

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““A private grant is to be interpreted in favor of the grantee, and, if the grantor is the owner of the monument or boundary designated in his grant, his conveyance will be held to extend to the middle line or central point of such monument or boundary. This rule is not changed by reason of the fact that a stream which is designated as the boundary is a tidal stream, if the grantor of the land is the owner of the bed of such stream. ‘When riparian estates are conveyed the owner may reserve the land under water, but the general presumption is that the purchaser’s title extends as far as the grantor owns, in both tidal and fresh waters.’ (Gould, Waters, sec. 195.) The title to the beds of tidal streams is ordinarily vested in the sovereign, and in such case a grant from the sovereign which is bounded by tidal waters will be construed to extend only to high-water mark. (Long Beach Land etc. Co. v. Richardson, 70 Cal. 206 .) A grant from the sovereign is to be interpreted in favor of the grantor, contrary to the rule for interpreting grants between private individuals; but if, as in the present case, the sovereign has parted with the title to the land beneath the stream, a grant of the riparian tidal lands by the owner must receive the same construction as a grant by him of any other riparian lands.””
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.