Van Bergen v. Van Bergen
New York Court of Chancery
BILL filed,- December 5th, 1816. It stated that the plaintiff being seized as tenant in common, with the defendant, of about six acres and a half of land, and two certain falls of water and mill seats,‘including the ground requisite for the erection and convenience of mills, together with a grist mill erected on the easternmost, or lower mill-seat, on the north side of the Coxsackie Creek, and the privilege of erecting mills, raceways and dams,- on and across the' said…
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BILL filed,- December 5th, 1816. It stated that the plaintiff being seized as tenant in common, with the defendant, of about six acres and a half of land, and two certain falls of water and mill seats,‘including the ground requisite for the erection and convenience of mills, together with a grist mill erected on the easternmost, or lower mill-seat, on the north side of the Coxsackie Creek, and the privilege of erecting mills, raceways and dams,- on and across the' said creek, and using the water for such purposes, he on the 8th of December, 1808, entered into an agreement with the defendant,…
1Opinion of the Court
The cause stood over for consideration to this day.
The Chancellor.
There are two objections to the plaintiff’s title to a decree, and both of them appear to be well founde;.
1. The remedy of the plaintiff (if any) ought to be sought at. law, by an action on the case, or by an action upon the covenants contained in his deed of Decernber, 1808. The cases in which chancery has interfered by injunction, to prevent or remove a private nuisance, are those in which the nuisance has been erected to the prejudice or annoyance of a right which the other party had long previously enjoyed. It must be a…
2Cases cited2 opinions
- Gardner v. Trustees of Village of NewburghNew York Court of Chancery · 1816
- Belknap v. BelknapNew York Court of Chancery · 1817
3Cited by14 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Webb v. Portland Manuf'g Co.U.S. Circuit Court for the District of Maine · 1838
- Lux v. HagginCalifornia Supreme Court · 1886
- Oswald v. WolfIllinois Supreme Court · 1889
- Stein v. BurdenSupreme Court of Alabama · 1856
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