Brooks v. Water Lot Co.
Supreme Court of Georgia
Covenant, in Muscogee Superior Court. Demurrer to Plea. Decided by Judge Alexander, May Term, 1849. The 'Water Lot Company of the City of Columbus conveyed to William Brooks, a certain lot of land, lying in the City of Columbus, adjoining their canal or reservoir, with certain water privileges, which conveyance was subject to the following conditions, to wit: that “ Brooks, his heirs and assigns, should be confined and restricted to the privilege of erecting and running a…
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Covenant, in Muscogee Superior Court. Demurrer to Plea. Decided by Judge Alexander, May Term, 1849. The 'Water Lot Company of the City of Columbus conveyed to William Brooks, a certain lot of land, lying in the City of Columbus, adjoining their canal or reservoir, with certain water privileges, which conveyance was subject to the following conditions, to wit: that “ Brooks, his heirs and assigns, should be confined and restricted to the privilege of erecting and running a saw-mill or saw-mills, on said lot; and farther, that said lot or poi - tion of ground should be entitled to no part or…
1Opinion of the Court
By the Court. —
Nisbet, J.
delivering the opinion.
[1.] The action was brought in this case by the plaintiffs below, on a covenant by the defendant, in plaintiff’s deed to him. The covenant was, that he would use the land only for a specified purpose. The breach assigned is, that he had constructed upon it machinery contrary to his stipulations. The defendant pleaded that he had sold one-half of the land to others, and that they ought to be united in the action. Upon demurrer, this plea was rightfully held'insufficient. Between the plaintiff and the defendant, (the original covenantor,) there is…
2Cases cited2 opinions
- Norman v. WellsNew York Supreme Court · 1837
- Byrne v. BeesonMichigan Supreme Court · 1843
3Cited by3 opinions
- Richmond & Danville Railroad v. BuiceSupreme Court of Georgia · 1891
- Reidsville & Southeastern Railroad v. BaxterCourt of Appeals of Georgia · 1913
- Dickenson v. HawesCourt of Appeals of Georgia · 1924