Burden v. Stein
Supreme Court of Alabama
Appeal from the Chancery Court at Mobile. Heard before the Hon. Wade Keyes. This bill was filed by John Burden, the appellant, to enjoin the defendant’s diversion of the waters of Bayou Chataqne (or Three-mile Creek) from complainant’s mill.
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Appeal from the Chancery Court at Mobile. Heard before the Hon. Wade Keyes. This bill was filed by John Burden, the appellant, to enjoin the defendant’s diversion of the waters of Bayou Chataqne (or Three-mile Creek) from complainant’s mill. It alleges, substantially, that complainant is the owner of a certain tract of land on both sides of said creek,- on which he has erected a grist mill, at an expense of $5,000, on a site where a grist mill has been erected for thirteen or fourteen years, and that the motive power of said mill is the water of said creek, as it has been accustomed to flow…
1Opinion of the CourtGoldthwaite, J.
There are cases to be found in the English books, to the effect that chancery will not interfere to quiet the possession by restraining a private nuisance, urn less the right of the party has been established at law, or the party has been in possession for at least three years. — Brown’s case, 2 Ves. Sen. 414; Vernon v. The City of Dublin, 4 Brown’s P. C. 128 ; Sapcote v. Newport, Carey, 47. But the doctrine as to the length of possession, as was said by Lord Hardwicke in the case first cited, is drawn from the statute as to forcible entries. It seems, also, to be the rule in relation to…
2Cases cited1 opinion
- Reid v. GiffordNew York Court of Chancery · 1822
3Cited by19 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Sadler v. LanghamSupreme Court of Alabama · 1859
- Lux v. HagginCalifornia Supreme Court · 1886
- City of Logansport v. UhlIndiana Supreme Court · 1885
- Crabtree v. BakerSupreme Court of Alabama · 1883
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