Morris v. Remington
Pennsylvania Court of Common Pleas, Philadelphia County
This was a bill in equity, filed by tbe plaintiff, Israel W. Morris, against Thomas P. Remington, setting forth that in the year 1747, John Hughes and John Evans were respectively seised of adjoining farms, then in Blockley and Lower Marion townships, Philadelphia county, hut now in Montgomery county, except that a part of the farm which then belonged to Hughes was still in Philadelphia county; that there was a creek or stream of water which ran through said farms, flowing…
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This was a bill in equity, filed by tbe plaintiff, Israel W. Morris, against Thomas P. Remington, setting forth that in the year 1747, John Hughes and John Evans were respectively seised of adjoining farms, then in Blockley and Lower Marion townships, Philadelphia county, hut now in Montgomery county, except that a part of the farm which then belonged to Hughes was still in Philadelphia county; that there was a creek or stream of water which ran through said farms, flowing from the farm of Evans into that of Hughes, describing its course. That upon the farm of Hughes there was erected a dam,…
1Opinion of the Court
The opinion of the Court was delivered by
King, President. —
The question raised on this record is, whether this Court sitting in equity has jurisdiction in a bill filed by the plaintiff, complaining against the defendant for setting up and maintaining, in Montgomery county, a nuisance affecting the plaintiff’s land in that county. The nuisance complained of consists in the diversion of a natural stream, flowing through the lands of the defendant and the plaintiff, and which the latter claims the right to make use of for the purposes of irrigation, in virtue of certain agreements entered into…
2Cases cited3 opinions
- Massie v. WattsSupreme Court of the United States · 1810
- Van Hook v. ThrockmortonNew York Court of Chancery · 1839
- Hammond v. FullerNew York Court of Chancery · 1828
3Cited by1 opinion
- Ruddell v. LandersSupreme Court of Arkansas · 1868