Legal Opinion

Pitts v. . Wilder

New York Court of Appeals

Decided November 5, 1848PublishedCited by 17 opinions

On error from the supreme court, where Wilder recovered judgment against Pitts in an action on the case. The facts are stated in the opinion of Jewett, O. J.

1Opinion of the CourtJewett, C. J.

Wilder brought an action upon the" case against Pitts for flowing his lands by means of a mill dam, maintained by him across the Oak Orchard creek, in the town of Ridgeway, in the county of Orleans. The suit was commenced in July and tried in October, 1843.

On the trial it was admitted that the defendant took possession of the mill and dam in question in the spring of 1838, under a deed bearing date the 8th of May in that year. The plaintiff, to show title in himself of the' premises claimed to be flowed, gave in evidence a deed from William Willink and others, constituting the Holland Land…

2Cases cited1 opinion

  1. Jackson ex dem. Griswold v. BardNew York Supreme Court · 1809

3Cited by17 opinions

  1. Dodge v. Freedman's Savings & Trust Co.Supreme Court of the United States · 1876
  2. Roebke v. AndrewsWisconsin Supreme Court · 1870
  3. Chadwick v. . FonnerNew York Court of Appeals · 1877
  4. Dooley v. BaynesSupreme Court of Virginia · 1890
  5. Furlong v. GarrettWisconsin Supreme Court · 1878

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