Toothe v. Bryce
New Jersey Court of Chancery
On order to show cause why an injunction should not issue. Heard upon bill and answer and accompanying affidavits. The complainant, by his bill, seeks to establish and protect his right to the benefit of a flow of water to his premises from the defendant’s premises, through two several pipes laid underground and forced up by two hydraulic rams, situate, with the spring that drives them, on the defendant’s premises.
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On order to show cause why an injunction should not issue. Heard upon bill and answer and accompanying affidavits. The complainant, by his bill, seeks to establish and protect his right to the benefit of a flow of water to his premises from the defendant’s premises, through two several pipes laid underground and forced up by two hydraulic rams, situate, with the spring that drives them, on the defendant’s premises. The facts as they appear in the pleadings and affidavits, or are admitted by the parties, for the purposes of this motion only, are as follows: Before and on the 13th of April,…
1Opinion of the Court
Pitney, V. C.
The complainant rests his right to the continued flow of the water upon the fact that such flow was apparent and continuous at the time of the purchase, and constituted a valuable adjunct to the premises, rendering their use more beneficial and valuable.
Against the case thus made defendant makes three points— first, that the use of the water in the way described was not necessary to the enjoyment of the premises; second, that it was not in actual use at the moment when the title passed; third, that it was not in its nature continuous, since the water did not run by gravity, but…
2Cases cited5 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Curtiss v. . AyraultNew York Court of Appeals · 1871
- Oliver v. PitmanMassachusetts Supreme Judicial Court · 1867
- Povey v. ReadyNew Jersey Court of Chancery · 1917
- Gabriel v. GabrielNew Jersey Court of Chancery · 1916
3Cited by5 opinions
- Pilar v. Lister Corp.New Jersey Superior Court Appellate Division · 1956
- Blumberg v. WeissNew Jersey Court of Chancery · 1940
- Cerra v. MaglioNew Jersey Court of Chancery · 1925
- Jancisin v. HF Realty Co., Inc.New Jersey Superior Court Appellate Division · 1950
- Tait v. First Federal Savings, C., N.Y.New Jersey Court of Chancery · 1942