Bliss v. Kennedy
Illinois Supreme Court
Witrr of Ebbob to the Circuit Court of Coles county; the Hon. O. L. Davis, Judge, presiding. This was a suit in chancery, commenced in the Coles county Circuit Court, by Aaron Bliss and Thomas Lytle against the defendants in error.
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Witrr of Ebbob to the Circuit Court of Coles county; the Hon. O. L. Davis, Judge, presiding. This was a suit in chancery, commenced in the Coles county Circuit Court, by Aaron Bliss and Thomas Lytle against the defendants in error. The complainants by their bill allege in substance, that they are the owners in fee of a lot of ground in Charleston, conveyed by deeds with the usual covenants, by James Kennedy, one of the defendants, to complainants, on which lot James Kennedy had previously, to wit, in 1855, erected a woollen factory, with capacity to do a large business in that line, and that…
1Opinion of the CourtJustice Beeese
The claim made by the complainants, plaintiffs in error here, is reduced to this simple question, have the complainants, by reason of priority in the use of this water, or from any other cause, the exclusive right to the use of the water, which these springs and rivulets supply %
The plaintiffs in error insist, as against these defendants, they have such right, derived in two ways; first, by the deeds of Kennedy to them, and second, on the evidence in the record. Upon the first point, it is only necessary to recur to those deeds, with a short preliminary statement of some facts.
James Kennedy,…
2Cases cited1 opinion
- Wilcoxon v. McGheeIllinois Supreme Court · 1851
3Cited by15 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Smith v. DenniffMontana Supreme Court · 1900
- Lux v. HagginCalifornia Supreme Court · 1886
- Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884
- Dumont v. KelloggMichigan Supreme Court · 1874
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