Cook v. Pridgen, Stapler & Dunn
Supreme Court of Georgia
Water-courses. License. Prescription. Equity. Practice. Before Judge Harrell. Muscogee Superior Court. June, 1871. In 1869, Cook sued Pridgen, Stapler & Dunn, averring that in said year he owned certain described land and they erected a'mill-dam below it, and thus overflowed and injured said land.
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Water-courses. License. Prescription. Equity. Practice. Before Judge Harrell. Muscogee Superior Court. June, 1871. In 1869, Cook sued Pridgen, Stapler & Dunn, averring that in said year he owned certain described land and they erected a'mill-dam below it, and thus overflowed and injured said land. Besides the general issue, defendants pleaded as follows: Cook’s land belonged to Cook’s father during 1838 and until his death in 1864, then for life to Cook’s mother, till she died in 1864, then to Cook and his sisters, as remainder men; that in 1838 Jones owned the land next below said Cook’s,…
1Opinion of the Court
McCay, Judge.
1. We think the authorities, taken all together, establish this proposition, that a permanent easement on the land of another is an interest in the land; and a parol license to enjoy such an easement is void under the Statute of Frauds: 4 East. R., 109; Hurlins vs. Shipman, 5 B. & C., 221. See also 8 B. & C., 298; 4 Ad. & Ell., 329.
There is, without question, some confusion in the authorities ; but we think the true distinction, which will reconcile most of them, is between a permanent right, one in its nature such that the parties must have contemplated its continuance, and a…
2Cases cited1 opinion
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