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Art Law Keyed to Gerstenblith, 4th Ed.
Allred v. Biegel
Citation:
240 Mo. App. 818 (1949)Facts
The plaintiffs were swimming in the Chariton River where a new channel had been cut through land owned by Mrs. Evans as remainderman in fee, with Nina Haney holding a life estate. Due to erosion from unusual floods in spring 1947, the riverbanks eroded 15 to 25 feet, exposing what appeared to be a log but was actually an ancient walnut canoe. The canoe measured 27½ feet long and 2½ to 3 feet wide, hollowed from a single log with a seat carved at the stern. Approximately one-third of its length was embedded in the soil 15 to 25 feet below the original surface. The plaintiffs discovered it, agreed to remove and sell it, and showed it to Mr. Biegel, who excavated it the following day using a tractor and block and tackle. The land surface above where the canoe lay had been cultivated for crops for many years.
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