Horace Gray

“ The United States positively and precisely pleaded that the land was submerged under the waters of Chesapeake bay, one of the navigable waters of the United States; and that the United States, 'under the law, for the purpose of a lighthouse, has a paramount right to its use as against the plaintiff or any other person;' and the plaintiff demurred to this plea. The circuit court, instead of rendering judgment for the United States upon the demurrer, should have dismissed the suit for want of jurisdiction. ”

“ An action in the nature of assumpsit for the use and occupation of real estate will never lie where there has been no relation of contract between the parties, and where the possession has been acquired and maintained under a different or adverse title, or where it is tortious, and makes the defendant a trespasser. ”

“ But this is comparatively unimportant, because those findlings do but state in greater detail the facts alleged and admitted by the petition, the second plea, and the demurrer to that plea.
The land in question upon which the United States have built and maintain a lighthouse is below low-water mark, and under the tide waters of Chesapeake bay. ”