Court Case Summary: Knight V. United Land Association
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Summary
Knight V United Land association, outlines a court case which originated with a complaint filed on November 23rd 1880 alleging that the plaintiff, Thomas Knight was the lawful owner of premises in the city of San Francisco located by Barry channel,(seventh, and eighth street )also known as block #40. From the plaintiff’s perspective he was entitled to the possession of the land, and had been wrongfully dispossessed of his property by the defendant who continued to hold such unlawful possession, to his damage and to his loss of the rents and profits thereof amounting to a total sum of $600, equivalent to $13,812.21 today. For reparations, the plaintiff sought for the restitution of the land in addition to the financial damages incurred.
The counter argument that was introduced by the defendant, The United Land Association was based on the fact and conclusion that the described property was part of the san francisco pueblo land as confirmed and patented by the U.S. In 1848, upon the acquisition of the territory of Mexico,…show more content… Although Stratton method of survey was correct and should have been approved Von Leicht was “running the line along the bay was to follow the tide line of the main body of water and cut across the mouths of all estuaries or creeks which are arms of the bay,” (KNIGHT v. 'U. S. LAND ASSOCIATION). Where Stratton started along the the San Francisco bay to the creek. They choose Von Leicht method seen it had already been approved in the courts with Tripp v. Spring. High water marks are used to understand and prepare for possible flooding, and since San Francisco is a peninsula high water marks are important in order to preserve the land and predict how much damage can be done by flooding (U.S Department of the Interior). They are different methods of locating the high water mark for example using shrubs, mud lines,