Porter v. Durham
Supreme Court of North Carolina
This was a MotioN to vacate an injunction, heard before his Honor Judge McKay, at Chambers in New HaNOVER county on-of January, 1875. The plaintiff instituted an action against the defendants at Spring Term, 1874, of New Hanover Superior Court, in his complaint alleging: He is the owner of a tract of land in said county, on which there are about one hundred acres of very fertile swamp land, most of which is cleared and well adapted to cultivation.
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This was a MotioN to vacate an injunction, heard before his Honor Judge McKay, at Chambers in New HaNOVER county on-of January, 1875. The plaintiff instituted an action against the defendants at Spring Term, 1874, of New Hanover Superior Court, in his complaint alleging: He is the owner of a tract of land in said county, on which there are about one hundred acres of very fertile swamp land, most of which is cleared and well adapted to cultivation. Said swamp land was low, and in its natural state there was a good deal of water thereupon, and the same was too wet to be used successfully for…
1Opinion of the CourtRodMAN, J.
His Honor, the Judge below, refused to vacate that part of the injunction which prohibited the defendants *778from continuing their canal so as to turn the water of branch No. 2, (orMorefield branch,) towards the plaintiff’s land. The defendants did not appeal from the judgment in this respect, and we are not called on to examine it.
The principal question presented to us is, as to the right of the defendants to cany the water from branch No. 1 to or near the plaintiff’s land. In considering this we are obliged to form some opinion as to the facts which are disputed between the parties, as it is…
2Cited by25 opinions
- Pendergrast v. AikenSupreme Court of North Carolina · 1977
- Phillips v. ChessonSupreme Court of North Carolina · 1950
- Chicago, R. I. & P. Ry. Co. v. GrovesSupreme Court of Oklahoma · 1908
- Chicago, R. I. & P. Ry. Co. v. JohnsonSupreme Court of Oklahoma · 1910
- Clark v. Patapsco Guano Co.Supreme Court of North Carolina · 1907
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