Case library · Whose Fish Are They?
A Dead King's Deed
Martin v. Waddell's Lessee (1842)
Charge: Proprietary oyster-fishery claimCourt: U.S. Supreme CourtState: New JerseyDocket: Whose Fish Are They?
Did an old royal charter pass the beds of navigable tidal waters as private property, or only as a public trust?
The facts
About a hundred acres of mud flat lay under the tidal water of a bay. One side claimed the flat as private property, tracing title back through colonial proprietors to letters patent a king granted his brother in the 1660s, which listed rivers, harbors and fisheries among the things conveyed. The other side fished oysters there under a license granted by the state.
You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.
Citation: Martin v. Waddell's Lessee, 41 U.S. (16 Pet.) 367 (1842)
Read more at supreme.justia.com. The source reveals the outcome.