Ives v. Cress
Supreme Court of Pennsylvania
In error from the Common Pleas of Montgomery county. March 26. The only question in this cause was the right to maintain the action.
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In error from the Common Pleas of Montgomery county. March 26. The only question in this cause was the right to maintain the action. It was an action on the case, in which ■ the plaintiff in his'amended narr. set out a joint right in himself, being the owner of a mill, and in defendant, the owner of another mill higher up the stream, to the use of tÉe water of the Manatawny creek, for their respective mills, and that being seised, &c., he entered into articles for the sale'of his mill, &c., to T. & J. Varney, and that at the time of the commission of the grievances, in the year 1844, the said…
1Opinion of the CourtBell, J.
All the errors assigned in this record may be comprehended in the single question whether, under the facts disclosed on the trial, the plaintiff can maintain this action. By his amended declaration, he avers an injury inflicted upon his estate *121, and interest in the mills, water-power, and tract of land, while the same was in the possession of Theodore and Jesse Varney and Peter Longabangh. It turns out that the wrong complained of was done in the years 1844 and 1845, while the Messrs. Varney and their tenant, Longabaugh, were in possession of the premises, under and by virtue of-the agreement…
2Cases cited6 opinions
- Gregg v. PattersonSupreme Court of Pennsylvania · 1844
- Ripka v. SergeantSupreme Court of Pennsylvania · 1844
- Richter v. SelinSupreme Court of Pennsylvania · 1822
- Wykoff v. WykoffSupreme Court of Pennsylvania · 1841
- Riddlesberger v. MentzerSupreme Court of Pennsylvania · 1838
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hess v. Vinton Colliery Co.Supreme Court of Pennsylvania · 1916
- Wright v. BrooksMontana Supreme Court · 1913
- Love v. Kradel (In Re Love)United States Bankruptcy Court, D. Massachusetts · 1983
- Goldberg v. Grossman and RosenauSuperior Court of Pennsylvania · 1931
- Heaton v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1929
3 more not listed; retrieve them via the Exa API.