Case v. Haight
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. General Philip Schuyler, by letters patent, bearing date the 22d September, 1789, had granted to him the- lower falls in the outlet of Lake George, and a small strip of land adjoining the same on the south side of the outlet. The grant included the bed of the river for a considerable distance both above and below the falls, and the premises granted were bounded by the north side of the waters of the outlet.
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Appeal from chancery. General Philip Schuyler, by letters patent, bearing date the 22d September, 1789, had granted to him the- lower falls in the outlet of Lake George, and a small strip of land adjoining the same on the south side of the outlet. The grant included the bed of the river for a considerable distance both above and below the falls, and the premises granted were bounded by the north side of the waters of the outlet. On the 5th July, 1793, General Schuyler, by deed, for the consideration oí five pounds, granted unto Samuel Deal, Peter Deal and Jane Nicoll, in fee, all the land…
1Opinion of the Court
The following opinion was delivered by
Mr. Justice Sutherland.
The complainants below (the respondents here) represent the grantees, and the appellants represent the grantor of the deed from General Schuyler to 8. & P. Deal and J. Nicoll; and the question is whether, according to the just construction and legal operation of that deed, General Schuyler had a right to divert the whole of the stream from its natural channel on the north to the south shore, whenever the whole of the water became necessary for his mills and other hydraulic works. The decree of the chancellor affirms he had not.
It…
2Cited by10 opinions
- Hathaway v. . PayneNew York Court of Appeals · 1865
- Maynard v. MaynardNew York Court of Chancery · 1848
- Holden v. PalitzNew York Supreme Court · 1956
- Hoyt v. CarterNew York Supreme Court · 1853
- Stadler v. Missouri River Power Co.Court of Appeals for the Ninth Circuit · 1905
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