Manganese Iron Ore Co. v. Trotter

The Vice-Chancellor.

The rights of 'the parties to this controversy, under their several contracts, have already been defined by this court. Silsby v. Trotter, 2 Stew. 228. The present complainants claim to have succeeded to the rights of the complainant in the original cause. Eor present purposes that claim may be assumed to be true without prejudice to the defendant. The rights of the parties, as already determined by the judgment of the court in the original cause, are: Eirst, that both pai-ties are entitled to the use of the tunnel, but the right of the complainant is subordinate to that…