Dickson v. Sandefur

On Application for Rehearing PER CURIAM. The writ granted on the application of Norman D. Stewart also presented for our review the trial court’s judgment as amended by the Court of Appeal in favor of the Dicksons in their possessory action in which they claimed the old river bed around Sunflower Peninsula. The judgments below gave the plaintiffs, the Dick-sons, possession of that land of the old river bed around Sunflower Peninsula to the high water mark on the opposite bank instead of to the ordinary low water mark. This is error, as can be noted from our opinion. In order to fix boundaries which are uniform for Norman D. Stewart’s land, Eagle Bend Plantation, and in accordance *507 with law, we amend the judgment in the possessory action. The judgments of the trial court and the Court of Appeal are reversed insofar .as they recognize C. Bickham Dickson, Jr., Michael Augustus Dickson, and C. Bickham Dickson, III, to be in possession to the old high bank of the old bed of Red River around Sunflower Peninsula. It is now ordered, adjudged, and decreed that there be judgment in favor of the plaintiffs, C. Bickham Dickson, Jr., Michael Augustus Dickson, and C. Bickham Dickson, III, against Norman D. Stewart, decreeing that the plaintiffs be quieted in their possession of the old bed of Red River around Sunflower Peninsula as it existed prior to the flood of 1945, to the ordinary low water mark of the bank of Eagle Bend Plantation. Since we cannot determine the ordinary low water mark or boundary, it is to be determined by agreement or in ancillary proceedings in the trial court.