Whitney v. Olney
U.S. Circuit Court for the District of Rhode Island
Ejectment for a moiety of a parcel of land with a paper-mill, called the “Brown George,” and other buildings, and all the right- of water and privileges thereto belonging. Plea, the general issue. At the trial the facts appeared as follows: Col.
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Ejectment for a moiety of a parcel of land with a paper-mill, called the “Brown George,” and other buildings, and all the right- of water and privileges thereto belonging. Plea, the general issue. At the trial the facts appeared as follows: Col. Christopher Olney, by his will 29th May, 1S12, made the following devises: First, he gave to his son Christopher C. Olney, for nis natural life, a certain lot of land with the dwellinghouse. &c. in Providence; also all the land which the testator had in said Providence within certain boundaries, which he stated. Next he gave to his son Nathaniel G.…
1Opinion of the Court
STORT, Circuit Justice.
My opinion is, that by the devise of the mill and its appurtenances all the land under the mill, and necessary for the use of it, and commonly used with it, passed to the devisees. The exeeption of the Brown George paper-mill and ap-purtenanees. in the devise to Nathaniel G. Olney, is not an exception of the mere building, but of the land under and appertaining to, and used with, the mill. Whatever was saved by the exception, passed by the subsequent devise of the mill. I do not proceed upon the ground, that the land was a mere appurtenance to the mill; but that it was…
2Cases cited2 opinions
- Leonard v. WhiteMassachusetts Supreme Judicial Court · 1810
- Doane v. Broad Street Ass'nMassachusetts Supreme Judicial Court · 1810
3Cited by43 opinions
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- Sheets v. Selden's LesseeSupreme Court of the United States · 1865
- Strang v. PrayTexas Supreme Court · 1896
- Scott v. MooreSupreme Court of Virginia · 1900
- Sparks v. HessCalifornia Supreme Court · 1860
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