Scovil v. Kennedy
Supreme Court of Connecticut
This was a bill in chancery for the dissolution of an injunction and a partition of the use of water, to be made by time. For a statement of the subject matter of the bill and of the right of the parties in relation thereto, it may be sufficient to refer to the two former cases of Kennedy & al. v. Scovil & al. 12 Conn Rep. 318. and 13 Conn. Rep. 61. The injunction sought to be dissolved was granted pursuant to the advice of this court in the former case.
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This was a bill in chancery for the dissolution of an injunction and a partition of the use of water, to be made by time. For a statement of the subject matter of the bill and of the right of the parties in relation thereto, it may be sufficient to refer to the two former cases of Kennedy & al. v. Scovil & al. 12 Conn Rep. 318. and 13 Conn. Rep. 61. The injunction sought to be dissolved was granted pursuant to the advice of this court in the former case. In February, 1839, the superior court appointed a committee to enquire into the facts set forth in the bill, and to make report thereof,…
1Opinion of the CourtWaite , J.
The plaintiffs have brought their bill, averring, that they are entitled to the use of one undivided moiety of a certain stream of water for the accommodation of their mill, and the defendants and Scovil are the owners of the remaining moiety, to be used for the accommodation of another mill, and praying for a partition of the same.
This partition is opposed, by the defendants, upon two grounds. They claim, in the first place, a prior right to use the water; and secondly, that the property is of such a nature as to be incapable of a division, without great injury to them.
1. The first claim is…
2Cited by10 opinions
- Delfino v. VealencisSupreme Court of Connecticut · 1980
- Penfield v. JarvisSupreme Court of Connecticut · 1978
- Mitchell v. StarbuckMassachusetts Supreme Judicial Court · 1813
- Rayhol Co. v. HollandSupreme Court of Connecticut · 1930
- Heiden v. HowesOhio Court of Appeals · 1945
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