Legal Opinion

Hahn v. Thornberry

Court of Appeals of Kentucky

Decided December 13, 1870PublishedCited by 7 opinions

Case 9 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. CITED 43 New Hampshire, 569, Basset v. Company. 18 B. Monroe, 804, Dumesnil v. Dupont. 51 Maine, 525, Bangor v. Lansil. 11 Exch., Rawsbrone v. Taylor. 10 Gray, 28, Parks v. Newburyport. 10 Allen, 106, Gannon v. Hargaclon. 13 Gray, 601, Flagg v. Worcester. 29 New York, 459, Goodale v. Tuttle. 2Story’s Equity, pages 262, 264-270. 5 Rhode Island, 243, BufEum v.-Harris.

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Case 9 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. CITED 43 New Hampshire, 569, Basset v. Company. 18 B. Monroe, 804, Dumesnil v. Dupont. 51 Maine, 525, Bangor v. Lansil. 11 Exch., Rawsbrone v. Taylor. 10 Gray, 28, Parks v. Newburyport. 10 Allen, 106, Gannon v. Hargaclon. 13 Gray, 601, Flagg v. Worcester. 29 New York, 459, Goodale v. Tuttle. 2Story’s Equity, pages 262, 264-270. 5 Rhode Island, 243, BufEum v.-Harris. Washburn on Easements, pages 268-274. Angelí on Water-courses, 6th ed., pages 122, 123, etc. Angelí on Water-courses, pp. 174-180, and 5th ed., sec. 1. CITED 2…

1Opinion of the Court

JUDGE LINDSAY

delivered the opihioh of the court

The Thornberrys are the joint owners of three hundred acres of land situate in Jefferson County, three miles south of the city of Louisville. The lands lying north and east of the same are owned by Hahn and Harris, the appellants in this appeal.

There extends through the lands of all of said parties, from the north-east to the south-west, a depression or pond, generally known as Lynn’s Pond. The proof as presented by the record warrants us in concluding that the lands of the Thorn*405berrys were some years since imperfectly drained by tbe flow of tbe…

2Cited by7 opinions

  1. Pickerill v. City of LouisvilleCourt of Appeals of Kentucky · 1907
  2. Davis v. SawyerMassachusetts Supreme Judicial Court · 1882
  3. Pfingst v. SennCourt of Appeals of Kentucky · 1893
  4. Lake Erie & W. R. Co. v. City of FremontCourt of Appeals for the Sixth Circuit · 1899
  5. Louisville & Nashville Railroad v. FranklinCourt of Appeals of Kentucky · 1916

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