McFarland v. Park Woolen Mills
Supreme Court of Georgia
Petition, for injunction. Before Judge Henry. Walker superior court. May 22, 1901. On May 18, 1895, J. M. McFarland conveyed land lot 9 and other lots in Rossville, Walker county, his deed containing the following : “ And the said J. M. McFarland also conveys to said grantees, their heirs and assigns, the right to lay pipes .in Lake avenue or other streets (which are his private property) and draw water from the lake situated on said land lot number 9, for manufacturing…
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Petition, for injunction. Before Judge Henry. Walker superior court. May 22, 1901. On May 18, 1895, J. M. McFarland conveyed land lot 9 and other lots in Rossville, Walker county, his deed containing the following : “ And the said J. M. McFarland also conveys to said grantees, their heirs and assigns, the right to lay pipes .in Lake avenue or other streets (which are his private property) and draw water from the lake situated on said land lot number 9, for manufacturing purposes, for the purpose of using and operating the manufacturing plant hereinafter named, it being the intention that this…
1Opinion of the CourtCobb, J.
Upon the building and equipping of a woolen mill begun within sixty days from May 18, 1895, and completed within a reasonable time thereafter, the grantees in the deed from McFarland of that date, and their successors and assigns, were entitled, under the terms of the deed, to conduct, in pipes laid upon the land of McFarland, water from the lake situated on his land, in such quantities as were necessary for the use and operation of the manufacturing plant. Under the very terms of the grant they were to have “ the right to use all the water that may be necessary for ” the operation of the…
2Cited by1 opinion
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