Oakley v. Stanley
New York Supreme Court
Error from the Orange common pleas. The plaintiffs sued Stanley in a justice’s court for overflowing their lands by means of a dam of a cotton factory belonging to him. The defendant had a verdict before the justice.
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Error from the Orange common pleas. The plaintiffs sued Stanley in a justice’s court for overflowing their lands by means of a dam of a cotton factory belonging to him. The defendant had a verdict before the justice. The plaintiffs appealed to the Orange C. P.; on the trial in which court the following facts appeared: The plaintiffs are the owners of a grist-mill on a stream in the town of Blooming-grove, and the defendant is the owner of a cotton factory situate below the grist-mill of the plaintiffs; the dam of the factory causes the water to flow back beyond the line of the premises…
1Opinion of the Court
By the Court,
Sutherland, J.
The quit-claim from Denning to Caldwell enured to the benefit of Hatch and his grantees, and gave to the convejmnce to Hatch the same legal effect and operation as though it had been prior to the mortgage to Denning. Jackson v. Bull, 1 Johns. Cas. 90. Jackson v. Murray, 12 Johns. Rep. 201. Jackson v. Stevens, 13 id. 316. 16 id. 115. What then would have been the effect of the convej'ance to Hatch as between him and Caldwell his grantor, if the. residue of the premises had been retained by him instead of having been mortgaged to Denning 1 The evidence shews that the…
2Cases cited1 opinion
- Jackson ex dem. New Loan Officers v. BullNew York Supreme Court · 1799
3Cited by17 opinions
- Ogden v. . JenningsNew York Court of Appeals · 1875
- Tabor v. . BradleyNew York Court of Appeals · 1858
- Swazey v. BrooksSupreme Court of Vermont · 1861
- Babcock v. UtterNew York Court of Appeals · 1864
- Jackson v. TrullingerOregon Supreme Court · 1881
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