Legal Opinion

Casler v. . Shipman

New York Court of Appeals

Decided September 5, 1866PublishedCited by 16 opinions

Appeal from the Supreme Court, sixth district. The action is upon the equity side, to restrain the defendants from hindering, detaining, or diverting water from the grist-mill belonging to the plaintiffs, in Springfield Centre, Otsego county, and to recover damages for the wrongful detention or diversion of water from the said mill.

Read the full summary

Appeal from the Supreme Court, sixth district. The action is upon the equity side, to restrain the defendants from hindering, detaining, or diverting water from the grist-mill belonging to the plaintiffs, in Springfield Centre, Otsego county, and to recover damages for the wrongful detention or diversion of water from the said mill. The question arising under the pleadings relates to the right to the first use of the water from a mill-pond, which, in 1828, belonged to Elisha Hall, from whom each of the parties derive their title. Hall then owned the land and mill privileges, sites, and water…

1Opinion of the CourtLeonard, J.

From the foregoing analysis of the conveyances by which the parties to this action derive their respective titles, it will be observed that the first use of the water from the large pond was granted by Elisha Hall for the use of the grist-mill in 1828;' that George Tunnicliff acquired the grist-mill and the appurtenant right to the water from the large pond in 1829; and' that. the plaintiffs have the same premises and water right, by an unbroken chain of title, unless there is some defect from the causes to be hereinafter referred to. The conveyance of the land covered by the large pond was…

2Cases cited1 opinion

  1. Craft v. . Merrill and AnotherNew York Court of Appeals · 1856

3Cited by16 opinions

  1. Stewart v. Bd. of Super. of Polk CountySupreme Court of Iowa · 1870
  2. Comstock v. . JohnsonNew York Court of Appeals · 1871
  3. Newman v. Home Insurance Co.Supreme Court of Minnesota · 1874
  4. Carlisle v. CooperSupreme Court of New Jersey · 1870
  5. Loney v. CourtnayNebraska Supreme Court · 1888

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API