Rockwell v. Baldwin
Illinois Supreme Court
Appeal from the Circuit Court of Warren county ; the Hon. Charles Turner, Judge, presiding. In this case, the-question presented is, whether the boundaries of land situated on a stream of water not navigable, extended to the centre thread of the stream or was limited to its bank.
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Appeal from the Circuit Court of Warren county ; the Hon. Charles Turner, Judge, presiding. In this case, the-question presented is, whether the boundaries of land situated on a stream of water not navigable, extended to the centre thread of the stream or was limited to its bank. The boundary was as follows : “ Commencing at the S. E. corner of the lot deeded by A. J. and Alfred H. Rockwell, to Mary E. Rockwell, of date February 4, 1862, thence east along the line of the public road leading along the south line of said lot, down the hill to the west side of Cedar creek, thence down the west…
1Opinion of the CourtChief Justice Breese
This is an appeal from the equity side of the circuit court of Warren county. The bill was for an injunction, to restrain defendants, appellees here, from cutting a ditch or race from their mill to carry off the water from the wheel, on the allegation that the same was about to be cut on complainant’s land, and would work irreparable injury to him.
The defendants answered the bill, denying the race was to be cut on complainant’s land, and claiming ownership of the land in themselves, and also claiming certain privileges in the laud of complainant, granted to A. H. Rockwell, one of the…
2Cases cited1 opinion
- Allen v. ThayerMassachusetts Supreme Judicial Court · 1821
3Cited by9 opinions
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- Trustees of Schools v. SchrollIllinois Supreme Court · 1887
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- Carter Oil Co. v. DelworthCourt of Appeals for the Seventh Circuit · 1941
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