Legal Opinion

Ezzard v. Findley Gold Mining Co.

Supreme Court of Georgia

Decided February 24, 1885PublishedCited by 3 opinions

Ejectment. Title. Actions. Damages. Water Courses. Before Judge Brown. Lumpkin Superior Court. October Term, 1884. Reported in the decision.

1Opinion of the Court

Hall, Justice.

The question made in this case is, whether the lessor of the plaintiff, who has title to the gold and ore embedded in the land in .question, with the right to enter thereon, and to the use of the water in the stream running through the premises, to enable him to mine the ore, can maintain *521ejectment against an adjacent proprietor lower down the stream, who has erected a dam across the same, by which the water is thrown back and submerges the land on which the mining right is situated, and by means of which the owner is prevented and hindered from making irse of his property ? The…

2Cases cited1 opinion

  1. Cunningham v. MorrisSupreme Court of Georgia · 1856

3Cited by3 opinions

  1. Wachstein v. ChristopherSupreme Court of Georgia · 1907
  2. Howell Gas of Athens, Inc. v. CoileCourt of Appeals of Georgia · 1965
  3. Patel Taherbhai, Inc. v. Broad Street Stockbridge II, LLCCourt of Appeals of Georgia · 2019

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