Randall v. Silverthorn
Supreme Court of Pennsylvania
In error from the Common Pleas of Erie county. Oct. 1. Isaac Silverthorn brought an action on the case against the plaintiff in error, for diverting the water of a mill-race belonging to the plaintiff’s mill; which, race was upon the defendant’s land.
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In error from the Common Pleas of Erie county. Oct. 1. Isaac Silverthorn brought an action on the case against the plaintiff in error, for diverting the water of a mill-race belonging to the plaintiff’s mill; which, race was upon the defendant’s land. It appeared that William Silverthorn, the father of Isaac, had purchased a large tract of land, and in 1797, or 1798, erected a mill and diverted a stream of water from its natural channel into the millrace, by means of a dam erected on that part of the tract now owned by Randall. This race had been used with the mill since that time. In 1813,…
1Opinion of the CourtGibson, C. J.
It would hardly be disputed, that Isaac Silverthorn had title to the water-right at the date of his deed to his brother Abraham. The reservation of it in their father’s will, though with a declaration that he had before given Abraham this part of the tract,.and the fact that the wrnter had been diverted to the mill with Abraham’s acquiescence in the father’s lifetime, wmuld be evidence to a jury that the whole was a family arrangement, and the basis of the devise. Besides, Abraham had a legacy by the will, and if he received it, he precluded himself from contesting his father’s power to…
2Cases cited5 opinions
- Woods v. FarmereSupreme Court of Pennsylvania · 1838
- Lessee of German v. GabbaldSupreme Court of Pennsylvania · 1811
- Peebles v. ReadingSupreme Court of Pennsylvania · 1822
- Wallace v. DuffieldSupreme Court of Pennsylvania · 1816
- Slaymaker v. St JohnSupreme Court of Pennsylvania · 1836
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- P. M. Barger Lumber Co. v. WhitehouseCourt of Appeals for the Ninth Circuit · 1950