Beach v. Child
New York Supreme Court
This was an action on the case, tried at the Monroe circuit in October, 1831, before the Hon. Addison Gardiner, one of the circuit judges. The jury found a special verdict, setting forth the following facts; In 1811, Charles Carroll, Nathaniel Rochester and William Fitzhugh became the owners of about 100 acres of land, lying adjacent to the great falls on the Genesee river, and now included within the bounds of the city of Rochester.
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This was an action on the case, tried at the Monroe circuit in October, 1831, before the Hon. Addison Gardiner, one of the circuit judges. The jury found a special verdict, setting forth the following facts; In 1811, Charles Carroll, Nathaniel Rochester and William Fitzhugh became the owners of about 100 acres of land, lying adjacent to the great falls on the Genesee river, and now included within the bounds of the city of Rochester. In August, 1817, they made partition of the tract, which was remoddled in 1822, when, among other things, they agreed to excavate or form a basin upon a portion…
1Opinion of the Court
By the Court,
Nelson, J.
All the rights and privileges to the use of the basin, possessed by Charles Carroll, under the deed of partition bearing date the 19th September, 1822, and which he would have been entitled to enjoy in the occupation of mill site No. 7, for its benefit and convenience as such, he conveyed to Kempshall, by his deed of 21st May, 1823, in terms too special and explicit to be misunderstood. After describing the privileges granted and restrictions imposed, he adds: “ It being hereby intended to convey the said mill site number seven, with the same privileges and immunities,…
2Cases cited1 opinion
- Mumford v. BrownNew York Supreme Court · 1828
3Cited by3 opinions
- Crippen v. . MorssNew York Court of Appeals · 1872
- Sewall v. GibbonAppellate Division of the Supreme Court of the State of New York · 1929
- Child v. BeachCourt for the Trial of Impeachments and Correction of Errors · 1839