Smoulter v. Boyd
Supreme Court of Pennsylvania
Appeal, No. 255, Jan. T., 1903, by defendant, from decree of C. P. Luzerne Co., Oct. T., 1900, No. 10, on bill in equity in case of John Smoulter et al. v. Aaron Boyd. Bill in equity for an injunction. The facts appear by the opinion of tbe Supreme Court. The court entered the following decree : That for the purposes of boating and sailing the plaintiffs shall have the right to enjoy the waters of the whole lake.
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Appeal, No. 255, Jan. T., 1903, by defendant, from decree of C. P. Luzerne Co., Oct. T., 1900, No. 10, on bill in equity in case of John Smoulter et al. v. Aaron Boyd. Bill in equity for an injunction. The facts appear by the opinion of tbe Supreme Court. The court entered the following decree : That for the purposes of boating and sailing the plaintiffs shall have the right to enjoy the waters of the whole lake. That the plaintiffs’ conveyances carry their title to the center of the lake, and therefore the boom erected and maintained by the defendant must be removed by him at his own…
1Opinion of the Court
Opinion by
Mb. Justice Mestbezat,
Lily lake, also known as Long pond and Beach pond, is a *148nonnavigable body of fresh water, rather oval in shape, about one mile long and, at its greatest width, about one half mile wide. It lies upon the mountain, midway between Wilkes-Barre and Hazleton, in Conyngham township, Luzerne county. By sundry conveyances from the commonwealth and its grantees, made at different times from 1847 to 1895, Aaron Boyd, the defendant, became the owner in fee of six tracts of land of a total area of 215 acres. The description of the land in the several conveyances was of the…
2Cited by27 opinions
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- Duval v. ThomasSupreme Court of Florida · 1959
- Miller v. Lutheran Conference and Camp Ass'nSupreme Court of Pennsylvania · 1938
- Baker v. Normanoch Ass'n, Inc.Supreme Court of New Jersey · 1957
- Taylor Fishing Club v. HammettCourt of Appeals of Texas · 1935
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