Olmsted v. Loomis & Graves
New York Supreme Court
In Equity. The bill in. this cause alledged that in May, 1802, Jonathan Wales and wife, being the owners of a certain piece of land in the Oriskany patent, embracing a mill-privilege, on which C. Wales had previously erected a forge for manufacturing iron, and two blacksmith’s bellows, which were then in operation, sold and conveyed to Alfred Smith and others certain other premises, describing them, “ with the privilege of digging from the head of said race to said land for…
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In Equity. The bill in. this cause alledged that in May, 1802, Jonathan Wales and wife, being the owners of a certain piece of land in the Oriskany patent, embracing a mill-privilege, on which C. Wales had previously erected a forge for manufacturing iron, and two blacksmith’s bellows, which were then in operation, sold and conveyed to Alfred Smith and others certain other premises, describing them, “ with the privilege of digging from the head of said race to said land for the purpose of conveying water sufficient to carry an oil mill.” And Wales agreed that the grantees should have the…
1Opinion of the Court
By the Court, Pratt, J.
The effect of the deed of 1802, from Wales to Smith and others, was to convey to. them an absolute right to the surplus water, over and above what was necessary to cany the forge and two blacksmith’s bellows. Although the oil mill is mentioned, both in the deed and the collateral agreement, as the object to which the water privilege was to be applied, yet the grant is in terms absolute, being the water which is not wanted for the forge and blacksmith bellows. The conveyance of the site is also absolute in its terms, and the covenant on the part of the grantees to keep,…
2Cases cited3 opinions
- James v. M'KernonNew York Supreme Court · 1810
- Burr v. MillsNew York Supreme Court · 1839
- Biglow v. BattleMassachusetts Supreme Judicial Court · 1818
3Cited by13 opinions
- Allott v. American Strawboard Co.Illinois Supreme Court · 1908
- Hutchins v. SmithNew York Supreme Court · 1872
- Pennsylvania Coal Co. v. President, Managers, of the Delaware & Hudson Canal Co.New York Court of Appeals · 1865
- Miller v. Edison Electric Illuminating Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Agate v. LowenbeinNew York Court of Common Pleas · 1871
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