Legal Opinion

Clarke County v. Mississippi Lumber Co.

Mississippi Supreme Court

Decided March 15, 1902PublishedCited by 3 opinions

From the chancery court of Clarke county. Hon. Stone Devours, Chancellor. Clarke county, the appellant, was the complainant in the court below; the Mississippi Lumber Company, appellee, was defendant there. From a final decree in defendant’s favor the complainant appealed to the supreme court. The opinion of the court states the facts. Special attention is called to the case of Burroughs v. Saierlee, 56 Am.

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From the chancery court of Clarke county. Hon. Stone Devours, Chancellor. Clarke county, the appellant, was the complainant in the court below; the Mississippi Lumber Company, appellee, was defendant there. From a final decree in defendant’s favor the complainant appealed to the supreme court. The opinion of the court states the facts. Special attention is called to the case of Burroughs v. Saierlee, 56 Am. B., 350. Like the present case, the water flowed from artesian wells through pipes extending above the surface of the ground. Like this, there was no evidence of a subterranean current,…

1Opinion of the Court

Oalhoon, L,

delivered the opinion of the court.

The bill in chancery of the county charges that it had an artesian well in its courthouse inclosure, which furnished an abundant supply of water for its purposes, and that there were fourteen other such wells, of private ownership, in the' county town, of great value to the persons owning them; that appellee, *542at a point about four hundred yards from the county well, bored four such wells on its own land, and put into one of them a pipe into which was forced compressed air of such power of suction as to far exceed the natural flow of water into…

2Cases cited2 opinions

  1. Forbell v. . City of New YorkNew York Court of Appeals · 1900
  2. Stoddard v. Van BussumNew Jersey Court of Chancery · 1898

3Cited by3 opinions

  1. Higgins Oil & Fuel Co. v. Guaranty Oil Co.Supreme Court of Louisiana · 1919
  2. Pence v. CarneyWest Virginia Supreme Court · 1905
  3. Couch v. Clinchfield Coal Corp.Supreme Court of Virginia · 1927

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