Lee v. Mallard
Supreme Court of Georgia
Equitable petition. Before Judge Evans. Bulloch superior court. December 5, 1901.
1Opinion of the CourtFish, J.
1. The owner of water in a stream or pond not navigable, or of all the privileges therein, has the exclusive right of fishing in the same, though the land lying under the water may belong to another. Accordingly, a conveyance of land lying upon the natural bank of an unnavigable stream, upon which is located a mill standing on other land of the grantor and across which is a dam, causing a pond a portion of which covers a part of the land conveyed, does not pass to the grantee any right to fish in such pond at any point below the then existing high-water mark thereof, when by the terms of the…
2Cases cited1 opinion
- Turner v. Selectmen of HebronSupreme Court of Connecticut · 1891
3Cited by10 opinions
- State Ex Rel. State Game Commission v. Red River Valley Co.New Mexico Supreme Court · 1945
- Council v. . SanderlinSupreme Court of North Carolina · 1922
- Bosworth v. NelsonSupreme Court of Georgia · 1930
- Barton v. GammellCourt of Appeals of Georgia · 1977
- Phoenix Title and Trust Company v. SmithArizona Supreme Court · 1966
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