Coalter v. Hunter
Court of Appeals of Virginia
The first of these cases was an appeal from the Staunton Chancery Court; and the second, an appeal from the Superior Court of Law for Rockingham county. The subjects of the two were so connected, that they were argued and decided at the same time.
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The first of these cases was an appeal from the Staunton Chancery Court; and the second, an appeal from the Superior Court of Law for Rockingham county. The subjects of the two were so connected, that they were argued and decided at the same time. In the ease of Coalter v. Hunter, the bill was filed by hunter, Crawford, Samuel Black and James Black, setting forth the following case: That about 26 or 30 years before the filing of the bill, Samuel and James Black having erected a saw-mill on their land, situate on the south fork of Shenandoah river;- but finding that the stream which gave it…
1Opinion of the Court
Judge Cabell
delivered the opinion of the Court.
In the first of these cases. Hunter .claims the right to the diversion and use of the water of Coles’ run, and founds his claim on more than twenty years possession by himself, and those under whom he claims.
It is abundantly proved by the evidence in the cause, that the use of the water in Coles’ run was originally applied for as a loan; that it was granted without consideration, as a loan; and that its subsequent enjoyment was *65never claimed, otherwise than as a loan; and the bill puts it on this ground. The loan continued for more than twenty…
2Cited by15 opinions
- Crosier v. BrownWest Virginia Supreme Court · 1909
- Boyd v. WoolwineWest Virginia Supreme Court · 1895
- Cornett v. RhudySupreme Court of Virginia · 1885
- Smith v. AdamsNew York Court of Chancery · 1837
- Eells v. Chesapeake & Ohio Railway Co.West Virginia Supreme Court · 1901
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