Oklahoma v. Texas
258 U.S. 574 (1922)

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U.S. Supreme Court

Oklahoma v. Texas, 258 U.S. 574 (1922)

Oklahoma v. Texas

No. 20, Original

Argued December 13, 14, 1921

Decided May 1, 1922

258 U.S. 574


1. When this Court, in an original suit involving title to land claimed by two states against each other and by the United States against both, has appointed a receiver who has possession of the land and of funds derived therefrom, its control over such subject matter is exclusive and it has ancillary jurisdiction to determine particular claims thereto irrespective of whether, considered apart, they would lie within its original jurisdiction. P. 258 U. S. 581.

2. The former decree ( 252 U. S. 252 U.S. 372) having determined the boundary between Oklahoma and Texas to be along the south bank of the Red River, Texas and its grantees and licensees have no proprietary interests in the riverbed or in the proceeds of oil and gas taken therefrom. P. 258 U. S. 582.

3. Upon the creation of a new state, ownership of the beds of navigable streams within the boundaries passes from the United States to the state in virtue of the constitutional rule of state equality, but not so of the beds of streams not navigable. P. 258 U. S. 583.

4. The Treaty of 1819, between the United States and Spain, by declaring that the navigation of the Sabine River to the sea and of the Red and Arkansas Rivers, throughout the extent of the boundary fixed by the treaty, should be common to the inhabitants of both nations did not impress upon the Red River the legal character of a navigable stream where not navigable in fact. P. 258 U. S. 583.

5. Officials of the United States Public Land Survey are not empowered to settle questions of navigability, and navigability in law cannot be implied from their action in meandering a stream

Page 258 U. S. 575

and their failure to extend township and

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