Cooper v. Cedar Rapids Water Power Co.
Supreme Court of Iowa
Appeal from Him District Court. The plaintiff is the owner of one-sixteenth of the water power owned by the parties in common. And the only question before the court is, whether there can be a partition of such property, and if so, whether it is practicable. At common law partition between tenants in common of real property is a matter of right.
Read the full summary
Appeal from Him District Court. The plaintiff is the owner of one-sixteenth of the water power owned by the parties in common. And the only question before the court is, whether there can be a partition of such property, and if so, whether it is practicable. At common law partition between tenants in common of real property is a matter of right. ( Van Arsdale v. Drake, 2'Barb., 599; Smith v. Smith, 10 Paige Ch., 471; Baring v. Bash, 1 Yes. and B., 554; Parker v. Girard, Amb. 236; Harrison v. Willard, 3 Fairf., 146; Turner v. Morgan, 8 Yes., 143.) Waterpower may be partitioned. (De Witt v.…
1Opinion of the Court
Seevers, Ch. J.
I. The counsel for the plaintiff insists that the primary question is as to the rights of the plaintiff to the use of the water and the manner it shall be conducted on and from his premises, mills and machinery. As we understand the record, however, this question is not before us. The District Court made a decree settling the rights of the parties in this respect, and from which neither party has appealed. If the plaintiff was not satisfied with the ruling of the court as to any matter, he should have appealed from so much of the decree as he was not satisfied with. The only…
2Cases cited1 opinion
- Smith v. SmithNew York Court of Chancery · 1843
3Cited by9 opinions
- Brown v. CooperSupreme Court of Iowa · 1896
- Forrest Milling Co. v. Cedar Falls Mill Co.Supreme Court of Iowa · 1897
- Tracy Development Co. v. . BeckerNew York Court of Appeals · 1914
- Field v. LeiterIllinois Supreme Court · 1886
- Branscomb v. GillianSupreme Court of Iowa · 1880
4 more not listed; retrieve them via the Exa API.