Hamilton v. Jones
Court of Appeals of Maryland
Appeal from the Equity side of Prince George’s County Court. The bill which was filed on the 28th of December, 1825, stated, that some time in the year 1817, the complainant (the present appellant,) purchased a mill-seat and mill, on a water course called “ Piney Branch,” being part of a tract of land called the “ Resurvey on part of Isaac’s Park,” containing two acres ; that for the purpose of conveying water to his mill, with greater convenience and effect, he shortly…
Read the full summary
Appeal from the Equity side of Prince George’s County Court. The bill which was filed on the 28th of December, 1825, stated, that some time in the year 1817, the complainant (the present appellant,) purchased a mill-seat and mill, on a water course called “ Piney Branch,” being part of a tract of land called the “ Resurvey on part of Isaac’s Park,” containing two acres ; that for the purpose of conveying water to his mill, with greater convenience and effect, he shortly after his aforesaid purchase, by the leave, and with the consent of a certain Elizabeth Jones, cut a ditch of about 100 or…
1Opinion of the Court
Buchastakt, Ch. J.,
delivered the opinion of the court.
We can discover nothing in the record, to warrant a decree for the relief sought in the bill. The ditch, for the preservation of which, the aid of Chancery is invoked, was made by the permission of a tenant for life, then in possession, through the land of the defendant, the remainder-man, without (for any thing that appears) his sanction or authority'. The ditch, morever, was exclusively for the convenience and benefit of the complainant, and the assent of the tenant for life to the making of it, appears to have been given without…
2Cited by4 opinions
- Foster Lumber Co. v. Harlan County BankSupreme Court of Kansas · 1905
- Cole v. ColeCourt of Appeals of Maryland · 1875
- Hall v. HallCourt of Appeals of Maryland · 1843
- Small v. OwingsHigh Court of Chancery of Maryland · 1848