Legal Opinion

Haight v. Morris Aqueduct

U.S. Circuit Court for the District of New Jersey

Decided October 15, 1826PublishedCited by 10 opinions

The bill states the plaintiffs [Benjamin and Halsted Haight] to have been since the 10th of April 1S21. owners of a grist niill, situated on a branch of the Speedwell river, in Morris county, New Jersey, which, with the pond, the waters flowing into it, and all other appurtenances, they purchased on that day, at a sale thereof made by the administrator of Ural Tuttle, under an order of the orphan’s court, and received a regular conveyance therefor.

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The bill states the plaintiffs [Benjamin and Halsted Haight] to have been since the 10th of April 1S21. owners of a grist niill, situated on a branch of the Speedwell river, in Morris county, New Jersey, which, with the pond, the waters flowing into it, and all other appurtenances, they purchased on that day, at a sale thereof made by the administrator of Ural Tuttle, under an order of the orphan’s court, and received a regular conveyance therefor. That they took possession of the said mill with all its appurtenances at the time of purchase, and have been ever since in the quiet and…

1Opinion of the Court

WASHINGTON, Circuit Justice.

It must be admitted that the bill, taken by itself, makes out a case which would warrant this court in granting the equitable relief which it seeks. It states a title in the plaintiffs to an ancient mill, together with the pond and waters flowing into it, and a long, uninterrupted possession of the said mill and waters by those under whom the plaintiffs claim. The complaint is, that the defendants have threatened, and, at the time the bill was filed, were preparing, to divert the waters of certain springs which flowed into the said mill-pond from their natural…

2Cited by10 opinions

  1. Sadler v. LanghamSupreme Court of Alabama · 1859
  2. Lovett v. Steam Saw Mill Ass'nNew York Court of Chancery · 1836
  3. Bonaparte v. Camden & A. R.U.S. Circuit Court for the District of New Jersey · 1830
  4. Carlisle v. CooperSupreme Court of New Jersey · 1870
  5. Johnston v. HydeSupreme Court of New Jersey · 1881

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