MacArtor v. Graylyn Crest III Swim Club, Inc.

173 A.2d 344 (1961)

Frank L. MACARTOR and June D. MACARTOR, his wife, Plaintiffs,

v.

GRAYLYN CREST III SWIM CLUB, INC., a Delaware corporation, Defendant.

Court of Chancery of Delaware, New Castle.

July 6, 1961.

H. Albert Young and Bruce M. Stargatt of Morford, Young & Conaway, Wilmington, for plaintiffs.

Frederick Knecht, Jr., and Harvey B. Rubenstein, Wilmington, for defendant.

SEITZ, Chancellor.

The parties in this case are neighboring landowners contesting their respective rights to a supply of what the parties agree is percolating underground water. Defendant has moved to dismiss the first three…