Hadden v. Shoutz
Illinois Supreme Court
This was a bill filed to restrain Shoutz from building a dam across Big Rock Creek, in Kane county, because it would cause the water to flow the land of Hadden. A dam had been constructed at or near the same place, which was about to be replaced by another. The Circuit Court of Kane County, February term, 1854, J. G. Wilson, Judge, presiding, dismissed the bill.
1Opinion of the CourtCaton, J.
The decision of this case must depend upon the construction and effect to be given to the deed of the 25th of October, 1845, made by Hadden and wife to Shoutz. That deed conveys by metes and bounds a little more than six acres of land, “ together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining.” In 1836 a mill and dam had been erected upon Big Rock Creek, which runs through the quarter section, of which the premises are a part, and through the premises. The mill and dam are situated upon the premises conveyed; and at the time of the…
2Cases cited5 opinions
- Story v. OdinMassachusetts Supreme Judicial Court · 1815
- United States v. AppletonU.S. Circuit Court for the District of Massachusetts · 1833
- Hazard v. RobinsonU.S. Circuit Court for the District of Rhode Island · 1823
- Pickering v. StaplerSupreme Court of Pennsylvania · 1819
- United States v. HainesU.S. Circuit Court for the District of Massachusetts · 1829
3Cited by12 opinions
- Rubens v. HillIllinois Supreme Court · 1904
- Thomas v. WiggersIllinois Supreme Court · 1866
- Jarvis v. Seele Milling Co.Illinois Supreme Court · 1898
- Peters v. Milks Grove Special Drainage District No. 1Appellate Court of Illinois · 1993
- Clarke v. GaffeneyIllinois Supreme Court · 1886
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